People v. Paiva

ERICKSON, Justice.

This is an appeal by the prosecution pursuant to section 16-12-102, 8A C.R.S. (1986). The sole question before us on appeal is whether the trial judge erred as a matter of law in granting a defense motion for a judgment of acquittal after a jury had found the defendant, Robert J. Paiva, guilty of attempted theft. § 18-4-401, 8B C.R.S. (1986).

*582After hearing arguments on a motion for a new trial and requesting that the prosecution and defense address the sufficiency of the evidence to support the conviction, the trial court took the motions under advisement and then granted the…