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PEOPLE v. VALENCIA

No. 08CA0456.

257 P.3d 1203 (2011)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Nicholas VALENCIA, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied June 2, 2011.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Alice Q. Hosley , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Cory D. Riddle , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge CRISWELL.*

Defendant, Nicholas Valencia, appeals the judgment of conviction entered on jury verdicts finding him guilty of sexual assault, first and second degree assault (merged), first degree burglary, and false imprisonment. Defendant also appeals his designation as a sexually violent predator. We reverse the judgment and remand for a new trial.

I. Background

Defendant was the ex-boyfriend of the victim...

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