See Colo. Sess. Laws 1971, ch. 121 at 427. The division in Barnhart followed the supreme court's decision in Hutton v. People, 177 Colo. 448, 494 P.2d 822 (1972). In Hutton, the court reversed the conviction of a defendant who stole a wallet from an office building.
In order to sustain a conviction for second degree burglary there must be evidence that the accused entered the building with intent to commit a crime. Section 18-4-203, C.R.S. 1973 (1978 Repl. Vol. 8); Hutton v. People, 177 Colo. 448, 494 P.2d 822 (1972). Moreover, voluntary intoxication may serve to establish an affirmative defense to specific intent crimes.
See Gonzales v. People, 173 Colo. 243, 477 P.2d 363 (1970). The defendant's reliance on Hutton v. People, 177 Colo. 448, 494 P.2d 822 (1972), is misplaced. In Hutton, while there was evidence that the defendant committed theft, there was also evidence presented that he did not have the requisite intent when he entered the attorney's office.
236 N.E.2d at 571. See also, Easton v. State, 248 Ind. 338, 228 N.E.2d 6 (1967); Reed v. State, 7 Md. App. 200, 253 A.2d 774 (1969); State v. Rood, 11 Ariz. App. 102, 462 P.2d 399 (Ct.App. 1969); Hutton v. People, 177 Colo. 448, 494 P.2d 822 (1972). The convictions are reversed and defendant is discharged.