# People v. Crespin

> Colorado Court of Appeals · February 19, 1981 · 631 P.2d 1144

URL: https://www.frixlaw.com/law-library/cases/9632928

## Case

- **Full name:** The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Christopher Sheldon CRESPIN, Defendant-Appellant
- **Court:** Colorado Court of Appeals
- **Decided:** February 19, 1981
- **Citations:** 631 P.2d 1144; 1981 Colo. App. LEXIS 747
- **Precedential status:** Published
- **Opinion:** Concurrence by Kirshbaum
- **Judges:** Enoch, Kirshbaum
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9632928

## Opinion text

KIRSHBAUM, Judge,
concurring specially.
Because I agree that the evidence of defendant's prior similar acts was offered to prove and was relevant to the issue of identity in this case, I concur with the result reached by the majority. However, I do not agree that such evidence was relevant to establish plan, scheme, design or motive. Such secondary theories were never brought into question in this case. See People v. Casper, Colo.App., 631 P.2d 1134 (1981). I also conclude that the similarities of the two transactions were not sufficient ly distinctive to establish any "modus oper-andi" of this defendant. However, I conclude that the admission of this evidence for unwarranted purposes and the consequent erroneous instructions constitute harmless error in this case. See People v. Reed, 42 Colo.App. 275 , 598 P.2d 148 (1979). I also find no abuse of discretion in the trial court's determination that the probative value of the evidence outweighs its prejudicial effect. See People v. Gutierrez, Colo., 622 P.2d 547 (1981).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9632928. Public record. Not legal advice.