PEOPLE v. BIRDSONG

No. 96CA0157.

937 P.2d 877 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Douglas Michael BIRDSONG, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 14, 1996.

Certiorari Granted June 9, 1997.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. Erkenbrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, John J. Krause, Assistant Attorney General, Denver, for Plaintiff-Appellee.

Michael T. Kossen, Highlands Ranch, for Defendant-Appellant.


Opinion by Justice QUINN.*

Defendant, Douglas Birdsong, appeals the trial court's order revoking his sentence to probation. We reverse and remand.

Defendant was originally charged with one count of sexual assault on a child, one count of sexual assault on a child by one in a position of trust, and one count of aggravated incest. The charges were based on allegations that defendant had molested his five-year-old daughter by inappropriately...

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