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PEOPLE v. OSORIO-BAHENA

Court of Appeals No. 09CA1743.

312 P.3d 247 (2013)

2012 COA 204

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Pedro OSORIO-BAHENA, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied June 6, 2013.

Certiorari Dismissed October 25, 2013.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Katharine J. Gillespie , 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 LICHTENSTEIN.

¶ 1 Defendant, Pedro Osorio-Bahena, appeals the judgment of conviction entered on jury verdicts finding him guilty of two counts of attempted sexual assault. He also appeals the sentence imposed.

¶ 2 As a matter of first impression, we conclude that (1) a victim's limited mental capacity, just like a victim's young age, permits an inference that the victim's sexual knowledge could be explained only by the

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