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PEOPLE v. DAY

No. 09SA350.

230 P.3d 1194 (2010)

The PEOPLE of the State of Colorado, Plaintiff v. C.J. DAY, Defendant.

Supreme Court of Colorado, En Banc.

May 10, 2010.

Attorney(s) appearing for the Case

Pete Hautzinger, District Attorney, 21st Judicial District, Mark R. Hand, Deputy District Attorney, Grand Junction, Colorado, Attorneys for Plaintiff.

Douglas K. Wilson, Colorado State Public Defender, Matthew D. Sandler, Deputy State Public Defender, Grand Junction, Colorado, Attorneys for Defendant.

Justice HOBBS delivered the Opinion of the Court.

Pursuant to C.A.R. 21, we issued our rule to show cause in this case to determine whether the trial court erred as a matter of law in sentencing defendant, C.J. Day, by applying the sentence enhancing provision pertaining to sexual assault on a child as a part of a pattern of sexual abuse, section 18-3-405(2)(d), C.R.S. (2008).

The jury acquitted Day of sexual assault on a child, § 18-3-405(1), and sexual...

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