Opinion
No. 79SA66
Decided December 10, 1979.
Appeal by the district attorney from an order of the trial court granting the defendant's motion for judgment of acquittal.
Affirmed
1. APPEAL AND ERROR — District Attorney — Sufficiency of Evidence — Acquittal — Correct Standard. Appeals by the district attorney from adverse rulings on the sufficiency of the evidence in criminal cases serve little purpose and are rarely productive of any precedential value; particularly, in instant case, where the trial court made it unmistakably clear on the record that it applied the correct standard for the granting of defendant's motion for judgment of acquittal.
Appeal from the District Court of El Paso County, Honorable Bernard R. Baker, Judge.
Robert L. Russel, District Attorney, John T. Riggs, Deputy, for plaintiff-appellant.
J. Gregory Walta, State Public Defender, Craig L. Truman, Chief Deputy, Margaret L. O'Leary, Deputy, for defendant-appellee.
[1] We are again presented with another district attorney's appeal from an order of the trial court granting the defendant's motion for judgment of acquittal. We can only reiterate our position on such appeals:
"This type of appeal challenging the sufficiency of the evidence serves little purpose and is rarely productive of any precedential value."
People v. Berry, 198 Colo. 258, 598 P.2d 1044 (1979). See also People v. Kirkland, 174 Colo. 362, 483 P.2d 1349 (1971). This case is no exception, especially in light of the fact that the trial court made it unmistakably clear on the record that it applied the correct standard for the granting of such motions as expressed by this court in People v. Bennett, 183 Colo. 125, 515 P.2d 466 (1973).
Judgment affirmed.