People v. Klausner

Opinion by

Judge KAPELKE.

Defendant, Eliah S. Klausner, appeals the judgment of conviction entered upon a jury verdict finding him guilty of first degree sexual assault on an at-risk adult, a class two felony, in violation of § 18-6.5-103(7), C.R.S. 2002. The People cross-appeal, contending that the trial court erred in concluding that defendant's offense was not subject to the indeterminate sentencing scheme for sex offenders under § 18-1.3-1004, C.R.S.2002 (formerly § 16-18-804). We affirm the judgment, vacate the sentence, and remand for resentencing.

The victim, a 78-year-old nursing home…