DATE: 20040510
DOCKET: C36449

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) - and - PATRICK ESPEUT (Appellant)

BEFORE:

ABELLA, SIMMONS and LANG JJ.A.

COUNSEL:

Gregory Lafontaine for the appellant

Lorna Bolton for the respondent

HEARD & ENDORSED:

May 6, 2004

On appeal from the conviction entered by Justice J. M. Wilson of the Superior Court of Justice on January 26, 2001.

APPEAL BOOK ENDORSEMENT

[1] The appellant abandoned the ground of appeal dealing with alibi.

[2] The appellant concedes that the onus was on him to establish the foundation for issue estoppel. Based on the evidence at trial, it was open to the trial judge to conclude that the appellant was present at the Foot Locker incident.

[3] We see no error on the part of the trial judge in these circumstances. Accordingly, the appeal is dismissed.