PEOPLE v. MELILLO

No. 96CA1515.

976 P.2d 353 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Frank MELILLO, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 5, 1998.

Certiorari Granted May 17, 1999.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John D. Seidel, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Robin Desmond, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge CRISWELL.

Defendant, Frank Melillo, appeals from the judgment of conviction of sexually assaulting a child as a part of a pattern of sexual abuse. We reverse and remand for a new trial.

The information, as finally amended, contained three counts. The first count alleged that defendant had assaulted the victim, who was then more than 15 but less than 18 years of age, at a time when defendant was in a position of trust with respect to her. Count...

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