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PEOPLE v. BOWERS

No. 89SC43.

801 P.2d 511 (1990)

The PEOPLE of the State of Colorado, Petitioner, v. Dwight Allen BOWERS, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 10, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Denver, for petitioner.

Richard A. Hostetler, Sp. Deputy Public Defender, Denver, for respondent.

Justice QUINN delivered the Opinion of the Court.

We granted the People's petition for certiorari to review the court of appeals' decision in People v. Bowers, 773 P.2d 1093 (Colo.App.1988), which reversed the conviction of the defendant, Dwight Allen Bowers, for aggravated incest and sexual assault, and remanded the case to the district court for a new trial because of the erroneous admission into evidence of the unavailable...

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