No. 82CA1198.

689 P.2d 669 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Randall Edward REX, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 17, 1984.

Certiorari Denied September 24, 1984.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Milton Hutchins, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Inman, Erickson & Flynn, H. Christopher Clark, Robert D. Inman, Denver, for defendant-appellant.

TURSI, Judge.

Randall Edward Rex, defendant, appeals his conviction of second degree kidnapping. We reverse.

On September 19, 1977, defendant was charged with attempted murder in the second degree, second degree kidnapping, and sexual assault on a young girl in Loveland on September 6, 1977. The sexual assault charge was dismissed following a preliminary hearing. Defendant's first trial ended in a mistrial in September 1978. A new trial was conducted, and...


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