PEOPLE v. EMERTERIO

No. 89CA0870.

819 P.2d 516 (1991)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Nick San EMERTERIO, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing April 11, 1991.

Rehearing on Modification Denied May 16, 1991.

Certiorari Granted November 12, 1991.

Cross-Petition for Certiorari Denied November 12, 1991.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cheryl A. Linden, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, David M. Furman, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge REED.

Defendant, Nick San Emerterio, appeals the judgment of conviction entered upon a jury verdict finding him guilty of solicitation for child prostitution, first degree sexual assault, and first degree kidnapping. We affirm in part, reverse in part, and remand with instructions.

From the evidence at trial, the jury could find the following scenario.

Victim was walking down the street when the defendant drove beside her. He forcibly...

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