PEOPLE v. BOWERS

No. 86CA1408.

773 P.2d 1093 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dwight Allen BOWERS, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 22, 1988.

Certiorari Granted May 30, 1989.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., David L. Saine, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Richard A. Hostetler, Deputy State Public Defender, Denver, for defendant-appellant.


HUME, Judge.

Defendant, Dwight Allen Bowers, appeals judgments of conviction entered upon jury verdicts finding him guilty of aggravated incest and of sexual assault on his three-year-old daughter, K. He contends that the trial court erred in admitting K's out-of-court statements as evidence at trial. We agree, reverse and remand.

At the beginning of the trial, the court held a cursory in limine hearing to determine K's competency as a witness. That...

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