PEOPLE v. WALLEN

No. 97CA1402.

996 P.2d 182 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard A. WALLEN, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied August 19, 1999.

Certiorari Denied March 27, 2000.


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, Colorado, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge NEY.

Defendant, Richard A. Wallen, appeals from the judgment of conviction entered upon a jury verdict finding him guilty of first degree sexual assault. He also challenges the sentence imposed. We affirm.

The defense asserted at trial was consent.

I.

Defendant contends that the trial court committed reversible error by admitting evidence of a prior act where defendant was acquitted of that offense. He argues: 1) that the...

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