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PEOPLE v. GARCIA

No. 05CA0016.

179 P.3d 250 (2007)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald L. GARCIA, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing November 21, 2007.

Certiorari Dismissed January 29, 2008.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Alexander C. Reinhardt, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson, Colorado State Public Defender, Jason C. Middleton, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge WEBB.

Defendant, Donald L. Garcia, appeals the judgment of conviction entered on jury verdicts finding him guilty of sexual assault (F2), § 18-3-402(1)(a), C.R.S.2007, and sexual assault with the use of a deadly weapon (F4), § 18-3-402(1)(a) & (5), C.R.S.2007. His defense was consent. Because we conclude that the trial court erroneously excluded evidence concerning the sexual relationship between...

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