PEOPLE v. VIALPANDO

No. 88CA0661.

804 P.2d 219 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Timothy VIALPANDO, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 26, 1990.

Certiorari Denied January 28, 1991.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John J. Krause, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Terri L. Brake, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge PLANK.

Defendant, Timothy Vialpando, appeals from the judgment entered on jury verdicts finding him guilty of sexual assault on a child and adjudicating him as an habitual criminal. We affirm.

According to the prosecution's evidence, on October 31, 1986, the 14-year-old victim was babysitting at the home of a neighbor. While watching the three children, the neighbor's boyfriend, defendant, came to the door, was admitted into the house, and...

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