People v. Gomez

The sufficiency of the evidence to sustain the trial judge’s determination of guilt of second-degree burglary is the issue in this case. 1971 Perm. Supp., C.R.S. 1963, 40-4-203. We affirm.

The defendant, Johnny Edward Gomez, and Richard Gene Gallegos were charged with second-degree burglary in connection with a break-in of Barbour Foresight Liquors in Grand Junction, Colorado. Gomez and Gallegos entered pleas of not guilty to the crime, and both defendants waived their right to a jury trial. Gallegos filed a motion for severance, which the trial court granted. He was prosecuted first and…