PEOPLE v. JOHNSON

No. 88CA0560.

802 P.2d 1105 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Roy Hayes JOHNSON III, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing May 3, 1990.

Certiorari Cross-Petition Granted January 14, 1991.

Certiorari Denied January 14, 1991.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H.

Forman, Sol. Gen., and Deborah Isenberg Pratt, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, and Robin Desmond, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge JONES.

Defendant, Roy Hayes Johnson III, appeals a judgment of conviction entered upon jury verdicts finding him guilty of first degree sexual assault and second degree kidnapping as a class 2 felony. We affirm the judgment of conviction of second degree kidnapping, vacate the sexual assault conviction, and remand for resentencing.

In November 1986, defendant, accompanied by another man, induced the victim, whom he had known for many years...

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