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PEOPLE v. HENDERSON

No. 90SC173.

810 P.2d 1058 (1991)

The PEOPLE of the State of Colorado, Petitioner, v. Mark Stanton HENDERSON, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 3, 1991.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John J. Krause, Asst. Atty. Gen., Denver, for petitioner.

David F. Vela, Colorado State Public Defender, Kathleen A. Lord, Deputy State Public Defender, Denver, for the respondent.

Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to review People v. Henderson, 794 P.2d 1050 (Colo.App.1989), in which the court of appeals held that the crime of sexual assault merged into second-degree kidnapping involving sexual assault.1 We now reverse the court of appeals and hold that the doctrine of merger does not bar separate convictions and sentences for sexual...

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