Pena v. People

Pena and Huerta were jointly charged in a four count information with (1) burglary of the warehouse building of Gower Delivery Service, Inc., a corporation; (2) conspiracy to commit this burglary; (3) larceny of a motor vehicle, namely a Chevrolet truck, belonging to Gower Delivery Service, Inc.; and (4) conspiracy to commit this larceny of a motor vehicle. Defendants pled not guilty to all counts of the information, and demanded trial to a jury. Upon trial, at the conclusion of the People’s evidence, defendants moved to dismiss on the grounds that the evidence was insufficient to permit…