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PEOPLE v. FLOWERS

No. 79SA321.

644 P.2d 916 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dennis FLOWERS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

April 5, 1982.

Attorney(s) appearing for the Case

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

Feuer, Flossic & Rich, Philip A. Cherner, Denver, for defendant-appellant.

DUBOFSKY, Justice.

The defendant Dennis Flowers appeals his conviction in the Denver district court of first-degree sexual assault under section 18-3-402, C.R.S. 1973 (1978 Repl.Vol. 8), second-degree burglary under section 18-4-203, C.R.S.1973 (1978 Repl.Vol. 8), and crime of violence under section 16-11-309, C.R.S.1973 (1981 Supp.).1 The defendant argues that the marital exception to the sexual assault statute renders the statute unconstitutional...

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