PEOPLE v. EPPENS

No. 97SC469.

979 P.2d 14 (1999)

The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent, v. Scott Eugene EPPENS, Respondent/Cross-Petitioner.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 14, 1999.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Robert M. Petrusak, Senior Assistant Attorney General, Hugo Teufel, Deputy Solicitor General, Criminal Enforcement Section, Denver, Colorado, for Petitioner/Cross-Respondent.

David F. Vela, Colorado State Public Defender, Karen M. Gerash, Deputy State Public Defender, Denver, Colorado, for Respondent/Cross-Petitioner.


Justice RICE delivered the Opinion of the Court.

We granted certiorari to review People v. Eppens, 948 P.2d 20 (Colo.App.1997), in which the court of appeals reversed defendant Scott Eppens conviction for sexual assault on a child and remanded the case for a new trial. The court of appeals held that plain error occurred when a social worker testified that the child-victim's report of the sexual assault in question was "sincere...

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