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PEOPLE v. MORENO

No. 85CA0450.

739 P.2d 866 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Martin MORENO, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 26, 1987.

Certiorari Denied June 29, 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, Colorado State Public Defender, Claire Levy, Jonathan Willett, Deputy State Public Defenders, Denver, for defendant-appellant.

Certiorari Denied (Moreno) June 29, 1987.

VAN CISE, Judge.

Defendant, Martin Moreno, appeals a judgment of conviction entered upon a jury verdict of guilty of second degree sexual assault committed in November 1983. He does not deny that he had sexual relations with the victim; his defense was consent. He claims the trial court committed reversible error in applying § 18-3-407, C.R.S. (1986 Repl.Vol. 8B) (the...

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