PEOPLE v. VIGIL

No. 02CA0833.

104 P.3d 258 (2004)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joe E. VIGIL, Defendant-Appellant.

Colorado Court of Appeals, Division IV.

Rehearing Denied July 22, 2004.

Certiorari Granted December 20, 2004.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Lauren Edelstein Park, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge VOGT.

Defendant, Joe E. Vigil, appeals the judgment of conviction entered on a jury verdict finding him guilty of sexual assault on a child and on his subsequent adjudication as a habitual sex offender. He also appeals the sentence imposed. We reverse and remand for a new trial.

Defendant was convicted of having sexually assaulted the seven-year-old son of a co-worker in the co-worker's home. The child's father testified at trial that, when...

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