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PEOPLE v. GENNINGS

No. 27620.

583 P.2d 908 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert Lee GENNINGS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

August 21, 1978.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., J. Tyler Makepeace, Sp. Prosecutor, Colorado Springs, for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Gene Beville, Robert M. Elliott, Deputy State Public Defenders, Denver, for defendant-appellee.

ERICKSON, Justice.

Defendant was convicted by a jury of first-degree sexual assault. Section 18-3-402(1)(a), C.R.S. 1973 (1977 Supp.). After the verdict, the trial court granted defendant's motion for judgment notwithstanding the verdict and entered a judgment against the defendant on the lesser offense of third-degree sexual assault. Section 18-3-204, C.R.S. 1973 (1977 Supp.). The district attorney appealed. We reverse and remand with directions to reinstate the...

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