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PEOPLE v. TERRY

No. 84SA380.

720 P.2d 125 (1986)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Douglas J. TERRY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 23, 1986.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert Petrusak, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Martin, Knapple, Humphrey & Tharp, Joel C. Maguire, Donald J. Humphrey, Boulder, for defendant-appellant.

ROVIRA, Justice.

Douglas J. Terry, the defendant, was convicted in the Boulder County District Court of second-degree sexual assault. He appeals his conviction asserting that the statute under which he was convicted, section 18-3-403(1)(h), 8 C.R.S. (1978), is unconstitutional.1 He also contends that the trial court erred in denying his request to present surrebuttal evidence. We uphold the constitutionality of the statute but reverse...

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