Defendant was a manager of three convenience stores at the time when the owner revealed shortfalls in sales proceeds. The defendant misappropriated more than $15,000 from his employer over long period of time.
The Supreme Court of Colorado affirmed the judgment of the initial trial court.
A person commits the crime of theft when he knowingly obtains or exercises control over anything of value of another without authorization or by threat or deception, and in addition he either intends to permanently deprive the other person of its use or benefit; demands a consideration to which he is not legally entitled to return it; or uses, conceals, or abandons it with the intent to, or at least the knowledge that his conduct will, permanently deprive the other person of its use or benefit. Whichever way the crime is committed, it constitutes the offense of theft. [Colo. Rev. Stat. § 18-4-401(1), (2008)]
Whether the trial court did correctly evaluate defendant’s criminal conduct as a class three felony punishable under Colo. Rev. Stat. § 18-4-401.
The Supreme Court of Colorado held that under Colo. Rev. Stat. § 18-4-401 (2008), it is no misjudgment when a court prosecute many acts of thefts committed by the same person within a six-month period as a single felony. Furthermore, the court stated that Colo. Rev. Stat. § 18-4-401 did not create a separate and continuing crime of theft by deception and therefore, acts committed by deceiving the victim constitute completed and prosecutable crimes of theft in their own right. It has concluded: “the provision makes perfect sense and distinguishes with clarity a single crime of theft from successive offenses, or successive units of prosecution.”