PEOPLE v. JOHNSON

No. 91CA2028.

870 P.2d 571 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mark Norman JOHNSON, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 12, 1993.

Certiorari Denied April 4, 1994.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Koehler, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, CO State Public Defender, Martin Gerra, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge BRIGGS.

Defendant, Mark Norman Johnson, appeals the judgment of conviction entered upon a jury verdict finding him guilty of third degree sexual assault. We affirm.

Defendant contends that the trial court's failure to instruct the jury on gender bias pursuant to § 18-3-408, C.R.S. (1993 Cum. Supp.) requires reversal. He maintains that the gender bias instruction is mandatory, that failure to so instruct deprived him of a fair and impartial...

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