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PEOPLE v. BATH

No. 93CA0519.

890 P.2d 269 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David E. BATH and Jeffrey W. Giardina, Defendants-Appellants.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing July 7, 1994.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., A. William Bonner, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Keller, Wahlberg and Morrato, P.C., Alex S. Keller, David A. Ogilvie, P.C., David Ogilvie, Denver, for defendants-appellants.

Opinion by Judge NEY.

Defendants, David Eugene Bath and Jeffrey William Giardina, appeal the judgment of conviction finding them guilty of sexual exploitation of children and of conspiracy. We reverse and remand with instructions.

Defendants participated in a party held on March 5, 1991, in a local motel room. Five of the six people attending, including defendants, took part in various sexual activities while the...

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