PEOPLE v. McGUIRE

No. 86CA1166.

751 P.2d 1011 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael A. McGUIRE, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 4, 1988.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Curt P. Kriksciun, Asst. Atty. Gen. (on the briefs), and John Milton Hutchins, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Barbara S. Blackman, Chief Appellate Deputy Public Defender, Denver, for defendant-appellant.


TURSI, Judge.

Defendant, Michael A. McGuire, appeals the judgment of conviction and sentence imposed by the trial court upon his conviction by jury of first degree sexual assault, second degree assault, and menacing. We affirm.

Defendant argues 1) that the trial court erred in denying his motion to dismiss the sexual assault charge based upon the marital rape exception in § 18-3-409, C.R.S. (1986 Repl.Vol. 8B) and 2) that the trial court abused its discretion...

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