PEOPLE v. SILVA

No. 86CA1579.

782 P.2d 846 (1989)

The PEOPLE OF the State of Colorado, Plaintiff-Appellee, v. Samuel J. SILVA, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied August 10, 1989.

Certiorari Denied November 27, 1989.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and John Milton Hutchins, First Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, and Rachel A. Bellis, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge HUME.

Defendant, Samuel J. Silva, appeals the judgment of conviction entered on a jury verdict finding him guilty of first degree sexual assault and the sentence imposed upon that conviction. He claims that the judgment must be reversed because the trial court erred by denying his motion for dismissal as a sanction for the prosecution's failure to preserve material evidence, by limiting his right to confront and cross-examine the victim with the use...

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