People v. Maestas

Pursuant to section 16-12-102, C.R.S. 1973, the district attorney sought review of a judgment of acquittal entered in favor of the defendant in a theft case and also asserted that the trial court committed error in suppressing a statement made by the defendant.

*246The record before us is such that the trial judge would have been in error had he not granted the defendant’s motion for a judgment of acquittal. Crim. P. 29. Jeopardy has attached, and the defendant could not be retried. Burks v. United States, _U.S. _, S.Ct. _,_L.Ed. 2d_, 46 U.S.L.W. 4632 (1978).

The record before the trial judge also…