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CANDELARIA v. PEOPLE

Supreme Court Case No. 10SC794.

303 P.3d 1202 (2013)

2013 CO 47

Rudolph Matthew CANDELARIA, Petitioner v. The PEOPLE of the State of Colorado, Respondent

Supreme Court of Colorado.

July 1, 2013.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Douglas K. Wilson , Colorado State Public Defender, Ellen K. Eggleston , Deputy State Public Defender, Denver, Colorado

Attorneys for Respondent: John W. Suthers , Attorney General, Katharine J. Gillespie , Assistant Attorney General, Denver, Colorado

En Banc

JUSTICE RICE delivered the Opinion of the Court.

¶ 1 In this sexual assault case, we interpret the relationship criterion of the sexually violent predator ("SVP") statute, section 18-3-414.5(1)(a)(III), C.R.S. (2012), and hold that an offender need not specifically intend to establish or promote a relationship with the victim primarily for the purpose of sexual victimization to satisfy that provision. We accordingly overrule the court of appeals' decision in...

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