dissenting:
I respectfully dissent from the majority’s affirmance of the trial court’s dismissal of the information filed against the defendant.
The probable cause determination which must be met at a preliminary hearing requires sufficient evidence to induce a person of ordinary prudence and caution to a reasonable belief that the accused committed the crime charged. People v. Jensen, 765 P.2d 1028, 1030 (Colo.1988). “The prosecution is not required to present evidence ‘sufficient to support a conviction.’ ” People v. Fisher, 759 P.2d 33, 36 (Colo.1988) (quoting People v. Williams, 628 P.2d 1011, 1014 (Colo.1981)). “[I]t is not for the trial judge at a preliminary hearing to accept the defendant’s version of the facts over the legitimate inferences which can be drawn from the People’s evidence,” and a defendant’s state of mind can be inferred from his conduct, or from the circumstances of the case. Fisher, 759 P.2d at 36 (quoting People v. Holder, 658 P.2d 870, 872 (Colo.1983)); People v. Tumbarello, 623 P.2d 46, 49 (Colo.1981).
The evidence presented at a preliminary hearing must be viewed in the light most favorable to the prosecution. The issue is not the defendant’s innocence or guilt; the issue at a preliminary hearing is whether “the evidence is sufficient to induce a person of ordinary prudence and caution to a reasonable belief that the defendant committed the crimes charged.” Fisher, 759 P.2d at 36-37 (quoting People v. Williams, 628 P.2d 1011, 1014 (Colo.1981)).
Applying these principles, I do not agree with the majority’s conclusion that “the prosecution failed to establish that Ayala had the mens rea required to commit theft by receiving.” At 1268. The owner of the used car dealership testified at the preliminary hearing that the sale price of the 1983 Camaro at his lot was $7995. Even though the vehicle was only three years old when stolen, the defendant was given the opportunity to purchase it from a stranger, with no supporting paperwork, for $800. “Acquisition of recently stolen property at a ridiculously low price from an unknown person is itself sufficient to support an inference that the one acquiring the property knew the property was stolen.” United States v. Prazak, 623 F.2d 152, 154-55 (10th Cir.), cert. denied, 449 U.S. 880, 101 S.Ct. 229, 66 L.Ed.2d 104 (1980). Reviewing the testimony in the light most favorable to the prosecution, I would conclude that the prosecution met its burden of establishing probable cause. Based on the testimony at the preliminary hearing, I would let the jury assess the witnesses’ credibility and decide whether the requisite mens rea has been established beyond a reasonable doubt. For this reason, I dissent.
I am authorized to state that Justice LOHR and Justice MULLARKEY join in this dissent.