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PEOPLE v. McCLURE

No. 88SA51.

779 P.2d 864 (1989)

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

Supreme Court of Colorado, En Banc.

Rehearing Denied October 16, 1989.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Hope P. McGowan, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Jeffrey K. Holmes, Denver, for defendant-appellant.

Justice ROVIRA delivered the Opinion of the Court.

The defendant, Clarence McClure, was convicted of sexual assault on a child by one in a position of trust, § 18-3-405(2)(b), 8B C.R.S. (1986). The defendant appealed and the case was subsequently transferred from the Colorado Court of Appeals to this court pursuant to section 13-4-110(1)(a), 6A C.R.S. (1987).1 We reverse the defendant's conviction...

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