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PEOPLE v. VALENZUELA

No. 02CA2043.

98 P.3d 951 (2004)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Roberto VALENZUELA, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

July 29, 2004.

Attorney(s) appearing for the Case

A. William Ritter, Jr., District Attorney, Evan W. Jones, Assistant District Attorney, Denver, Colorado, for Plaintiff-Appellant.

David S. Kaplan, Colorado State Public Defender, Pamela A. Dayton, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge GRAHAM.

The People appeal a trial court order removing defendant, Roberto Valenzuela, from sex offender intensified supervision probation (SOISP) and placing him on intensified supervision probation (ISP). We affirm.

Defendant, married and the father of five children, met the victim at a bar, bought her some drinks, and eventually persuaded her to ride in his car. The victim blacked out, and when she awoke, defendant was touching her breast...

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