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ESPINOZA v. PEOPLE

No. 83SC353.

712 P.2d 476 (1985)

Andrew ESPINOZA, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 27, 1986.

Attorney(s) appearing for the Case

David F. Vela, State Public Defender, Michael J. Heher, Deputy State Public Defender, Denver, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for respondent.

ERICKSON, Justice.

Andrew Espinoza, petitioner, was convicted of first-degree sexual assault1 and two counts of menacing2 in the Conejos County District Court.3 On appeal, Espinoza contends that the district court erred in instructing the jury on the culpable mental state of both offenses. The court of appeals held that the challenged instruction was harmless error. People v...

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