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PEOPLE v. BROWN

No. 85CA0141.

749 P.2d 436 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald L. BROWN, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 17, 1987.

Judgment Vacated and Case Remanded for Reconsideration December 14, 1987.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Patricia Hummons Clark, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Frances Smylie Brown, Jaydee K. Bachman, Deputy State Public Defenders, Denver, for defendant-appellant.

VAN CISE, Judge.

Defendant, Donald Leroy Brown, appeals a judgment of conviction entered upon a jury verdict of guilty of sexual assault on a child by one in a position of trust in violation of § 18-3-405(1) and (2)(b), C.R.S. (1986 Repl.Vol. 8B). He contends that the trial court erred in admitting into evidence hearsay statements of the child without complying with the safeguards provided in § 13-25-129, C.R.S. as then in effect. We agree and reverse.<...

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