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PEOPLE v. ESTORGA

No. 79SA255.

612 P.2d 520 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joe Manuel ESTORGA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 23, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Maureen Phelan, Asst. Atty. Gen., Denver, for defendant-appellant.

Frey & Huisjen, John P. Frey, Fort Collins, for plaintiff-appellee.

LOHR, Justice.

The defendant, Joe Estorga, was convicted of sexual assault on a child (section 18-3-405, C.R.S.1973) following a jury trial. The defendant appealed, and the case was subsequently transferred from the court of appeals to this court pursuant to section 13-4-110(1)(a), C.R.S.1973. We reverse and remand for a new trial.

The victim of the sexual assault was a ten-year-old girl who was mentally retarded to some degree. In March 1976 her family moved...

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