PEOPLE v. HUNTER

No. 08CA0316.

240 P.3d 424 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James Henry HUNTER, Defendant-Appellant.

Colorado Court of Appeals.

Rehearing Denied February 2, 2010.


Attorney(s) appearing for the Case

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

Douglas K. Wilson , Colorado State Public Defender, Joan E. Mounteer , Deputy State Public Defender, Denver, CO, for Defendant-Appellant.


Opinion by Judge RICHMAN.

Defendant, James Henry Hunter, appeals the trial court's order finding that he meets the criteria of a sexually violent predator (SVP) under section 18-3-414.5, C.R.S.2009. We reverse.

I. Background and Procedural History

According to the prosecution's evidence at trial, defendant, while wearing a sock over his face to conceal his identity, broke into his neighbor's home and sexually assaulted her and her daughter. A jury...

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