People v. Lopez
Victor Lopez admitted to stealing a gun from his neighbor. The gun was in the victim’s bathroom, where Lopez found it. While he took the gun, the victim was in an adjacent room. His neighbor was over 70 years old.
Lopez was charged with theft with the enhancer that committing a crime knowing the victim was over 70 or knowing the victim was nearby. He was sentenced to a year of probation.
The Colorado Revised Statute that was the enhancer in this case is described in the opinion as enhancing “penalties for theft when any element or portion of the offense is committee in the presence of an at-risk person.”
The court ruled the prosecution presented sufficient evidence that the offense was committed in the presence of the victim, against the defendant’s argument, and affirms the conviction.