Maes v. People

Mr. Chief Justice McWilliams

concurring in part and dissenting in part:

I concur in the determination by the majority that the defendant’s conviction for burglary, larceny and conspiracy to commit each of these two separate and distinct crimes should be affirmed. I dissent from that portion of the majority opinion which orders the trial court to modify its judgment so that the sentence imposed on count 3 (grand larceny) shall run concurrently with the sentence imposed on count 1 (burglary).

In the first place, this defendant has never complained, be it in this court or the trial court, about the fact that he was given consecutive sentences on the burglary and larceny convictions. In the second place, even if he had raised this particular matter, I would have rejected it as being contrary to the law. For my views on this subject see my dissent in Maynes v. People, 169 Colo. 186, 454 P.2d 797.