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PLATT v. PEOPLE

No. 07SC573.

201 P.3d 545 (2009)

Bruce PLATT, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 17, 2009.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Katharine J. Gillespie, Assistant Attorney General, Denver, Colorado, Attorneys for Respondent.

Douglas K. Wilson, Public Defender, Shann Jeffery, Deputy Public Defender, Denver, Colorado, Attorneys for Petitioner.

Justice EID delivered the Opinion of the Court.

Petitioner Bruce Platt was charged with — and convicted by a jury of — one count of sexual assault under section 18-3-402(1)(b), C.R.S. (2008) ("subsection (b)"), which criminalizes sexual assault when "[t]he actor knows that the victim is incapable of appraising the nature of [her] conduct." On appeal, Platt argued that because the victim was asleep, he could only be charged with sexual assault under section...

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