PEOPLE v. HARPER

No. 88CA0974.

796 P.2d 4 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David Joe HARPER, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 5, 1990.

Certiorari Granted August 27, 1990.


Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Barbara S. Blackman, Chief Appellate Deputy Public Defender, Denver, for defendant-appellant.


Opinion by Judge METZGER.

Defendant, David Joe Harper, appeals the judgment of conviction entered on a jury verdict finding him guilty of sexual assault on a child. He also appeals his sentence imposed under the Colorado Sex Offenders Act. We affirm the judgment of conviction, vacate the sentence, and remand for further proceedings.

I.

A newspaper article concerning the trial was published during the jury's overnight absence from the court. The defendant...

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