PEOPLE v. OWENS

No. 05CA1577.

183 P.3d 568 (2007)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Tracy David OWENS, Defendant-Appellant.

Colorado Court of Appeals, Div. VI.

Rehearing Denied July 19, 2007.

Certiorari Denied May 12, 2008.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Deborah Isenberg Pratt, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

The Law Firm of Ted Hess, P.C., Theodore G. Hess, Glenwood Springs, Colorado, for Defendant-Appellant.


Opinion by Judge DAILEY.

Defendant, Tracy David Owens, appeals the judgment of conviction entered upon a jury verdict finding him guilty of unlawful sexual contact, a class 1 misdemeanor under § 18-3-404(1)(a), (2)(a), C.R.S.2006. We reverse and remand for a new trial.

Defendant was originally charged with sexual assault. The prosecution alleged that he took advantage of his acquaintance with a young woman whose husband was serving overseas in the military...

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