PEOPLE v. McKNIGHT

No. 90SC579.

813 P.2d 331 (1991)

The PEOPLE of the State of Colorado, Petitioner, v. Paul Delano McKNIGHT, Respondent.

Supreme Court of Colorado, En Banc.

July 15, 1991.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John J. Krause, Asst. Atty. Gen., Denver, for petitioner.

David F. Vela, State Public Defender, Kathleen A. Lord, Deputy State Public Defender, Denver, for respondent.


Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to determine whether the court of appeals erred in concluding that sexual assault is a lesser-included offense of the class-two felony, second-degree kidnapping, necessitating a merger of the two convictions. People v. McKnight, No. 88CA1066 (Colo.App. July 26, 1990) (not selected for official publication).

The court of appeals relied upon People v. Henderson, ...

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