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PEOPLE v. SUMMERS

No. 08SA169.

208 P.3d 251 (2009)

The PEOPLE of the State of Colorado, Plaintiff v. Eugene SUMMERS, Defendant.

Supreme Court of Colorado, En Banc.

May 26, 2009.

Attorney(s) appearing for the Case

Mitchell R. Morrissey, District Attorney, Second Judicial District, Robert J. Whitley, Chief Appellate Deputy District Attorney, Denver, Colorado, Attorneys for Plaintiff.

Haddon, Morgan, Mueller, Jordan, Mackey & Foreman, P.C., Norman R. Mueller, Rachel A. Bellis, Denver, Colorado, Attorneys for Defendant.

Justice RICE delivered the Opinion of the Court.

This original proceeding arises out of the defendant's motion to dismiss the sexual assault on a child charges against him because they are time barred. The defendant contends that the ten-year statute of limitations in effect when he allegedly committed the crimes mandates dismissal of charges brought more than ten years after the last alleged incident. The People counter that the General Assembly's amendment of the...

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