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PEOPLE v. HOWARD

No. 93CA0781.

886 P.2d 296 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John James HOWARD, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 14, 1994.

Certiorari Denied January 17, 1995.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. Erkenbrack, 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, Joan E. Mounteer, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge METZGER.

Defendant, John James Howard, appeals the judgment of conviction entered on a jury verdict finding him guilty of sexual assault on a child by one in a position of trust. He also appeals the sentence imposed. We affirm the judgment of conviction, vacate the sentence in part, and remand the cause for correction of the mittimus.

I.

Defendant first contends that his advisement pursuant to People v. Curtis,

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