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PEOPLE v. JENSEN

No. 87SA413.

765 P.2d 1028 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Marcel Ramo JENSEN, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 12, 1988.

Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Mary S. Hosmer, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

Alfred W. Metzger, Jr., Colorado Springs, for defendant-appellee.

VOLLACK, Justice.

Marcel Ramo Jensen was charged by information with one count of sexual assault on a child.1 The child's mother and a social worker testified at the preliminary hearing, but the four year old child did not. At the conclusion of the preliminary hearing, the district court dismissed the charge, on the dual grounds that the prosecution did not introduce evidence by a perceiving...

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