PEOPLE v. LESKE

No. 96SC693.

957 P.2d 1030 (1998)

The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent, v. Randall Lee LESKE, Respondent/Cross-Petitioner.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 18, 1998.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Paul Koehler, Assistant Attorney General, Kim L. Montagriff, Assistant Attorney General, Criminal Enforcement Section, Denver, for Petitioner/Cross-Respondent.

David F. Vela, Colorado State Public Defender, Martin Gerra, Deputy State Public Defender, Denver, for Respondent/Cross-Petitioner.


Justice MARTINEZ delivered the Opinion of the Court.

We granted certiorari to consider the decision of the court of appeals in People v. Leske, 937 P.2d 821 (Colo.App.1996). The court of appeals vacated the respondent's conviction and sentence for sexual assault on a child, concluding that it was a lesser included offense of sexual assault on a child by one in a position of trust ("position of trust"). The court of appeals...

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