PEOPLE v. UNDERWOOD

No. 00CA1367.

53 P.3d 765 (2002)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Hubert UNDERWOOD, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Certiorari Denied September 9, 2002.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Cheryl Hone, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Forrest W. Lewis, P.C., Forrest W. Lewis, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge ROTHENBERG.

Defendant, Hubert Underwood, appeals the judgment of conviction entered on a jury verdict finding him guilty of aggravated incest and sexual assault on a child by one in a position of trust. We affirm.

At trial, the prosecution presented evidence that one morning, while defendant's sixteen-year-old daughter (the victim) was sleeping, defendant entered her room and "laid down beside" her. He asked if she wanted a back massage, and...

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