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PEOPLE v. APODACA

No. 00CA1789.

58 P.3d 1126 (2002)

The PEOPLE of the State of Colorado, Plaintiff-Appellee and Cross-Appellant, v. Leo APODACA, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. IV.

Certiorari Denied December 16, 2002.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Lauren Edelstein-Park, Assistant Attorney General, Denver, Colorado; Jeanne M. Smith, District Attorney, Gordon R. Denison, Assistant District Attorney, Colorado Springs, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Leslie A. Goldstein, Steamboat Springs, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge NEY.

Defendant, Leo Apodaca, appeals the judgment of conviction entered upon a jury verdict finding him guilty of sexual assault on a child. The People cross-appeal the sentence imposed on that conviction. We affirm the judgment, vacate the sentence, and remand for resentencing.

The victim, a nine-year-old girl, testified that she went to the basement of her house because she was looking for her mother. Defendant, who lived in the basement...

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