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PEOPLE v. SMITH

Nos. 79SA224, 79SA271, 80SA26 and 79SA313.

638 P.2d 1 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kelly C. SMITH, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Eudell BERRY, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Gerry R. JOHNSON, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. John D. BROWN, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 30, 1981.

Attorney(s) appearing for the Case

R. Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy, Denver, for plaintiff-appellant.

J. Gregory Walta, State Public Defender, Harvey M. Palefsky, Shelley Gilman, Deputy State Public Defenders, Denver, for defendants-appellees Gerry R. Johnson, Kelly C. Smith, and Eudell Berry.

Carl R. Mangino, Denver, for defendant-appellee John D. Brown.

LOHR, Justice.

Four cases pending before us were consolidated for disposition because they raise common issues concerning the constitutional validity of subsections (1)(a) and (b) of the second-degree sexual assault statute, section 18-3-403, C.R.S.1973 (1978 Repl.Vol. 8). In each case the prosecution appealed from an order of the trial court granting the defendant's pre-trial motion to dismiss second-degree sexual assault charges on the grounds that the statute defining...

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