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PELLMAN v. PEOPLE

No. 09SC375.

252 P.3d 1122 (2011)

Mark Steven PELLMAN, II, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

June 6, 2011.

Attorney(s) appearing for the Case

McClintock & McClintock, P.C., Elizabeth A. McClintock , Theodore P. McClintock , Colorado Springs, Colorado, Attorneys for Petitioner.

John W. Suthers , Attorney General, Wendy J. Ritz , First Assistant Attorney General, Denver, Colorado, Attorneys for Respondent.

Justice EID delivered the Opinion of the Court.

Section 18-3-405.3, C.R.S. (2010) makes it a felony for a person to have unlawful sexual contact with a child victim while occupying "a position of trust." Petitioner Mark Pellman argues that he was not in a position of trust at the time of the unlawful sexual contact between himself and the child victim in this case, L.B., because he was not performing a specific supervisory task at the time that the contact occurred...

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