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PEOPLE v. HUBER

No. 05SC40.

139 P.3d 628 (2006)

Petitioner: The PEOPLE of the State of Colorado, v. Respondent: Michael Floyd HUBER.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing May 30, 2006.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Wendy J. Ritz, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, for Petitioner.

David S. Kaplan, Colorado State Public Defender, Jason C. Middleton, Deputy State Public Defender, Denver, for Respondent.

Justice EID does not participate.

RICE, Justice.

I. Facts and Procedural History

In April 2001 Respondent, Michael Huber, was charged with sexual assault on a child by one in a position of trust, section 18-3-405.3, C.R.S. (2005);1 attempted sexual assault on a child by one in a position of trust, section 18-2-101; and indecent exposure, section 18-7-302. Two additional counts of indecent exposure were later added to the information. The charges arose from an...

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