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PEOPLE v. SCHMIDT

No. 92CA2087.

885 P.2d 312 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gregory Allen SCHMIDT, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing July 14, 1994.

Certiorari Denied December 19, 1994.

Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Lindy Frolich, Deputy State Public Defender, Ellen K. Eggleston, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge NEY.

Defendant, Gregory Allen Schmidt, appeals the judgment of conviction entered upon a jury verdict finding him guilty of second degree sexual assault. We affirm.

Defendant was charged with first degree sexual assault. He admitted having intercourse with the victim but contended that this was done with the victim's consent. This alleged consent was defendant's sole defense at trial.

I.

Defendant first contends that the...

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