People v. Martinez

603 P.2d 944, 198 Colo. 577, 1979 Colo. LEXIS 804

Opinion

Per Curiam

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: “[Tjhis 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.