PEOPLE v. EVANS

No. 79CA0455.

630 P.2d 94 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Timothy Gene EVANS, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearings Denied April 9, 1981.

Certiorari Denied June 15, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., William Morris, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colo. State Public Defender, Cynthia C. Cederberg, Deputy State Public Defender, Denver, for defendant-appellant.


TURSI, Judge.

Defendant, Timothy Gene Evans, appeals his conviction by a jury of first degree sexual assault in violation of § 18-3-402, C.R.S.1973 (1978 Repl. Vol. 8). We reverse.

On May 18, 1978, the complaining witness reported that she had been sexually assaulted by a man who had given her a ride home from work. On the basis of information she supplied to the police, defendant was arrested the following day.

At a pretrial suppression hearing...

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