PEOPLE v. HIGA

Nos. 85CA0284, 85CA0287.

735 P.2d 203 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Minoru and Carol Ann HIGA, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearings Denied February 5, 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, Rachel A. Bellis, Deputy State Public Defender, Denver, for defendant-appellant Minoru Higa.

David F. Vela, Colorado State Public Defender, Barbara S. Blackman, Deputy State Public Defender, Denver, for defendant-appellant Carol Ann Higa.


STERNBERG, Judge.

Defendants, Minoru Higa and his wife Carol Ann Higa, appeal convictions entered upon jury verdicts finding them each guilty of first degree sexual assault, sexual assault on a child, and aggravated incest. These convictions are based upon incidents involving the two female children of Minoru's former marriage. We reverse, and remand for a new trial.

I.

A procedural irregularity occurred at defendants' trial which raises a threshold...

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