PEOPLE v. McKIBBEN

No. 91CA1787.

862 P.2d 991 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John Jay McKIBBEN, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied June 10, 1993.

Certiorari Denied November 29, 1993.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Eric V. Field, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Beth L. Krulewitch, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge METZGER.

Defendant, John Jay McKibben, appeals the judgment of conviction entered upon a jury verdict finding him guilty of second degree sexual assault. We affirm.

The charge at issue here arose from an incident in which defendant engaged in sexual intercourse with a 16-year-old boy. The prosecution asserted that the defendant, in violation of § 18-3-403(1)(a), C.R.S. (1986 Repl.Vol. 8B), had caused the victim to submit by a means of...

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