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PEOPLE v. CRUZ

No. 93CA1198.

903 P.2d 1198 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Darrell W. CRUZ, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied May 25, 1995.

Certiorari Granted October 10, 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, State Public Defender, Anne Stockham, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge KAPELKE.

Defendant, Darrell W. Cruz, appeals the judgment of conviction entered upon a jury verdict finding him guilty of first degree sexual assault. We reverse and remand.

At trial, defendant contended that the victim had consented to having sexual relations with him. He tendered five proposed jury instructions regarding the affirmative defense of consent, but the trial court refused to instruct the jury on that defense.

I.

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