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PEOPLE v. JOHNSON

No. 90SC330.

815 P.2d 427 (1991)

The PEOPLE of the State of Colorado, Petitioner, v. Roy Hayes JOHNSON III, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 16, 1991.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Deborah Isenberg Pratt, Asst. Atty. Gen., Denver, for petitioner.

David F. Vela, State Public Defender, Robin Desmond, Deputy State Public Defender, Denver, for respondent.

Justice ERICKSON delivered the Opinion of the Court.

Certiorari was granted to determine whether first-degree sexual assault (section 18-3-402(3)(a), 8B C.R.S. (1986)), merges with second-degree kidnapping (section 18-3-302(3)(a), 8B C.R.S. (1986)). The court of appeals, relying on People v. Henderson, 794 P.2d 1050 (Colo.App.1989), held that the merger doctrine required that the sexual assault conviction and sentence be vacated...

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