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PEOPLE v. BATCHELOR

No. 89SA31.

800 P.2d 599 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David R. BATCHELOR, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 13, 1990.

Attorney(s) appearing for the Case

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

Larry Dean Allen, Canon City, for defendant-appellant.

Justice MULLARKEY delivered the Opinion of the Court.

In July 1987, nine-year-old K.B. stayed overnight at the home of her father, the defendant David Batchelor. While K.B. was sleeping, Batchelor took several "instant" snapshots of K.B., nude from the waist down. The photographs were discovered in August, 1987, by Rosemary Luth, Batchelor's then-fiancee with whom he lived, and Jamie Lyons, K.B.'s mother and Batchelor's former wife. Luth and Lyons discovered the photographs...

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