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PEOPLE v. JACKSON

No. 97CA1332.

972 P.2d 698 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Keith Renee JACKSON, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 29, 1998.

Certiorari Denied March 15, 1999.

Attorney(s) appearing for the Case

Robert S. Grant, District Attorney, Michael J. Milne, Senior Deputy District Attorney, Brighton, Colorado, for Plaintiff-Appellant

David F. Vela, Colorado State Public Defender, John T. Carlson, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellee

Opinion by Judge STERNBERG.*

The People appeal the trial court's order granting the motion of defendant, Keith Renee Jackson, for judgment of acquittal. We disapprove the judgment.

The defendant was charged with attempted second degree sexual assault. At the close of the People's case, defendant moved for judgment of acquittal. The trial court determined that the People would need to present evidence of attempted penetration in...

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