People v. Germany

VAN CISE, Judge.

Defendant, James C. Germany, appeals from a judgment entered on his jury conviction of second degree burglary of a dwelling, § 18-4-203(2), C.R.S.1973, and contends (1) the evidence was insufficient to establish he had the specific intent to commit the ulterior crime of theft, and (2) he was improperly sentenced as a habitual criminal. We affirm.

The present appeal is from a second trial of this case. The defendant was initially convicted in 1977. The conviction was affirmed, People v. Germany, 41 Colo.App. 304, 586 P.2d 1006 (1978), then reversed sub nom. Germany v. People,…