PEOPLE v. MOORE

No. 93SC313.

877 P.2d 840 (1994)

The PEOPLE of the State of Colorado, Petitioner, v. Phillip R. MOORE, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 8, 1994.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Catherine P. Adkisson, Asst. Atty. Gen., Criminal Enforcement Section, Denver, for petitioner.

David F. Vela, State Public Defender, Robin Desmond, Deputy State Public Defender, Denver, for respondent.


Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in People v. Moore, 860 P.2d 549 (Colo.App.1993), to determine (1) whether the defendant's conviction for sexual assault on a child was a lesser-included offense that merged into his conviction for first-degree assault under section 18-3-202(1)(d), 8B C.R.S. (1986), and (2) whether voluntary rather than intentional...

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