PEOPLE v. STOKES

No. 90CA0607.

812 P.2d 712 (1991)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Edward Harvey STOKES, aka Ned Stokes, aka Ed Stokes, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

Rehearing Denied May 9, 1991.


Attorney(s) appearing for the Case

Peter F. Michaelson, Dist. Atty., Janet L. Folsom, Deputy Dist. Atty., Leadville, for plaintiff-appellant.

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


Opinion by Judge HUME.

The prosecution appeals from the district court's order denying its motion for leave to file a direct information charging defendant, Edward Harvey Stokes, with first degree sexual assault. We affirm.

Following a preliminary hearing on a criminal complaint filed in 1989, at which the prosecution chose not to have the victim testify because of his vulnerable emotional state, the charges against...

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