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PEOPLE v. BERTRAND

Court of Appeals No. 12CA0709.

342 P.3d 582 (2014)

2014 COA 142

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald Wayne BERTRAND, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 11, 2014.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Jason Fisher , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

Douglas K. Wilson , Colorado State Public Defender, Dayna Vise , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant

Opinion by JUDGE TERRY

¶ 1 Defendant, Donald Wayne Bertrand, appeals the judgment of conviction entered on a jury verdict finding him guilty of two counts of sexual assault. Defendant was convicted of sexual assault under section 18-3-402(1)(b), C.R.S.2014, after the jury was given an incorrect instruction dealing with whether the alleged victim was able to appraise the nature of her conduct because she was asleep or partially asleep. Because this...

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