PEOPLE v. KYLE

No. 01CA1221.

111 P.3d 491 (2004)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kenneth Harold KYLE, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 18, 2004.

Certiorari Denied May 2, 2005.


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, Nancy J. Lichtenstein, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge CASEBOLT.

Defendant, Kenneth Harold Kyle, appeals the judgment of conviction entered upon a jury verdict finding him guilty of sexual assault on a child and sexual assault on a child as part of a pattern of sexual abuse. He also appeals his adjudication as a habitual sex offender and the sentence imposed. We affirm in part, reverse in part, and remand for resentencing.

The victim, a boy who had been in state custody much of his life, revealed...

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