PEOPLE v. JONES

No. 90CA1997.

843 P.2d 67 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gary S. JONES, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 9, 1992.

Certiorari Granted and Judgment Vacated January 4, 1993.


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 plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Denver, Nancy B. Newport Smith, Sp. Deputy State Public Defender, Steamboat Springs, Kathleen H. Taylor, Deputy State Public Defender, Craig, for defendant-appellant.


Opinion by Judge SMITH.

The defendant, Gary Jones, appeals the judgment entered on a jury verdict finding him guilty of sexual assault on a child and child abuse resulting in bodily injury. We reverse and remand.

I.

The defendant contends that the trial court erred in admitting hearsay statements of the victim and her brother without contemporaneous cautionary instructions as required by § 13-25-129(2), C.R.S. (1987 Repl.Vol. 6A). We agree....

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