PEOPLE v. OLIVER

No. 81CA1015.

665 P.2d 152 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Douglas Gene OLIVER, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 24, 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, Sp. Asst. Atty. Gen., Dolores Atencio, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Deborah S. Waldbaum, Deputy State Public Defender, Denver, for defendant-appellant.


KELLY, Judge.

Defendant, Douglas Gene Oliver, appeals his jury conviction of second degree sexual assault, a violation of § 18-3-403(1)(e), C.R. S.1973 (1978 Repl.Vol. 8). We affirm.

Defendant contends that the trial court erred by refusing to give defendant's tendered instruction on the failure of the complaining witness, who was the mother of the victim, to report the sexual assault of her daughter at the earliest opportunity. We do not agree.

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