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PEOPLE v. GABRIESHESKI

No. 07CA1016.

205 P.3d 441 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Mark Joseph GABRIESHESKI, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied October 16, 2008.

Attorney(s) appearing for the Case

John R. Newsome, District Attorney, Doyle Baker, Deputy District Attorney, Colorado Springs, Colorado, for Plaintiff-Appellant.

McClintock & McClintock, P.C., Theodore P. McClintock, Elizabeth A. McClintock, Colorado Springs, Colorado, for Defendant-Appellee.

Opinion by Judge VOGT.

The People appeal the trial court order dismissing all charges against defendant, Mark Joseph Gabriesheski. We affirm.

Defendant was charged with two counts of sexual assault on a child by one in a position of trust and one count of sexual assault on a child by one in a position of trust as part of a pattern of abuse. The alleged victim, T.W., is defendant's stepdaughter. T.W. is also the subject of a dependency and neglect (D &...

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