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PEOPLE v. McCLURE

No. 86SA415.

756 P.2d 1008 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Clarence McCLURE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 5, 1988.

Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Nathan B. Coats, Chief Deputy Dist. Atty., Donna Skinner Reed, Deputy Dist. Atty., Denver, for plaintiff-appellant.

Jeffery K. Holmes, Denver, for defendant-appellee.

VOLLACK, Justice.

The People directly appeal the dismissal by the Denver District Court of charges against Clarence McClure (defendant) of three counts of sexual assault on a child and three counts of aggravated incest, based on a denial of rights to due process and fundamental fairness. We reverse and remand the case with instructions to reinstate the charges.

I.

In 1985, the defendant became the subject of a criminal investigation concerning allegations...

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