PEOPLE v. BUERGE

No. 07CA2393.

240 P.3d 363 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gregory Alan BUERGE, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

November 12, 2009.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Rhonda L. White , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Stephen Arvin , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge CASEBOLT.

The main issue in this criminal case is whether a fictional fourteen-year-old girl, created by two police officers conducting an Internet sting operation, can be a "victim" within the meaning of the sexually violent predator statute, section 18-3-414.5, C.R.S. 2009 (SVP statute). Because we conclude that the term means "intended victim" in the context of a conviction for attempted sexual assault, we answer the question affirmatively and...

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