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PEOPLE v. SIMBOLO

No. 25913.

532 P.2d 962 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rudy Jose SIMBOLO, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

March 10, 1975.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Gregory L. Williams, James Wendall Wilson, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Norman R. Mueller, Thomas M. Van Cleave III, Mary G. Allen, Deputy State Public Defenders, Denver, for defendant-appellant.

GROVES, Justice.

The defendant was convicted of second-degree kidnapping, statutory rape and joy riding. We affirm.

At the time in question the prosecutrix was 11 years of age, and the defendant was in his late twenties. According to her testimony, early in the evening the defendant drove her to a rocky area near Grand Junction, kept her there all night and the following morning, and forced her to engage in sexual intercourse several times.

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