PEOPLE v. EVERETT

No. 07CA2368.

250 P.3d 649 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Barry Alan EVERETT, Defendant-Appellant.

Colorado Court of Appeals, Div. VI.

February 4, 2010.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Jonathan P. Fero , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

The Noble Law Firm, L.L.C., Antony M. Noble , Lakewood, Colorado, for Defendant-Appellant.


Opinion by Judge BERNARD.

Defendant, Barry Alan Everett, appeals the judgment of conviction entered upon a jury verdict finding him guilty of sexual assault under section 18-3-402, C.R.S.2009. He also appeals the sentence imposed. We affirm the judgment of conviction, vacate the sentence, and we remand for resentencing with directions.

I. Background

The victim in this case, J.H., was an eighteen-year-old...

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