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FLETCHER v. PEOPLE

No. 05SC646.

179 P.3d 969 (2007)

Carlos FLETCHER, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing May 14, 2007.

Attorney(s) appearing for the Case

Douglas K. Wilson, Colorado State Public Defender, Tracy C. Renner, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner.

John W. Suthers, Attorney General, Matthew D. Grove, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent.

Justice BENDER delivered the Opinion of the Court.

Introduction

This case arises from defendant Carlos Fletcher's conviction of class four felony sexual assault, victim incapable, under section 18-3-402(1)(b), C.R.S. (2002),1 after a jury trial. The court sentenced Fletcher to three years in the Department of Corrections followed by an indeterminate period of parole.

We granted certiorari to review the court of appeals...

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