PEOPLE v. MURPHY

No. 91CA0945.

899 P.2d 294 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael M. MURPHY, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 2, 1995.

Certiorari Granted July 31, 1995.


Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Thomas R. Williamson, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge JONES.

Defendant, Michael Murphy, appeals the judgment entered on a jury verdict finding him guilty of one count of first degree sexual assault, one count of third degree assault, and one count of false imprisonment. We reverse.

According to prosecution evidence, defendant and the victim became known to each other in June 1990, as a result of the victim patronizing a store at which the defendant worked. A few weeks after their first meeting...

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