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PEOPLE v. SILBURN

No. 88CA1408.

807 P.2d 1167 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Vincent Ray SILBURN, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 2, 1990.

Certiorari Denied March 18, 1991.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Martha Ezzard, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellee.

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

Opinion by Judge JONES.

Defendant, Vincent Ray Silburn, appeals from a judgment of conviction entered on a jury verdict finding him guilty of second degree sexual assault, distribution of a controlled substance, and use of a controlled substance. He contends that the trial court erroneously instructed the jury on the charge of second degree sexual assault and that the trial court abused its discretion in admitting rebuttal testimony by a prosecution witness. We affirm...

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