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PEOPLE v. PATRICK

No. 87SA419.

772 P.2d 98 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jim Dale PATRICK, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 15, 1989.

Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Karla J. Hansen, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, for defendant-appellee.

ERICKSON, Justice.

The prosecution appeals the trial court's order excluding evidence of a child-victim's out-of-court hearsay statements based upon its finding that section 13-25-129, 6A C.R.S. (1987), was unconstitutional as applied and that the prosecution could not corroborate the hearsay statements.1 The statements were made by C.M., a minor female who was allegedly sexually assaulted by Patrick, her stepfather. The trial court was...

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