PEOPLE v. ARAGON

No. 81CA0374.

665 P.2d 137 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bennie Louis ARAGON, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 27, 1983.

Certiorari Denied June 6, 1983.


Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Virginia Byrnes, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, State Public Defender, Linda Hotes, Deputy State Public Defender, Denver, for defendant-appellant.


TURSI, Judge.

Defendant, Bennie Louis Aragon, appeals his conviction of first degree sexual assault, second degree assault, first degree burglary, and first degree criminal trespass. We reverse and remand for a new trial.

The case against defendant was based on the testimony of the complaining witness, who alleged that defendant had entered her apartment through the bedroom window, raped her, and then tried to choke her with an electric cord. The witness also...

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