People v. Miller

Opinion by

Judge NEY.

Defendant, William R. Miller, appeals the judgment of conviction entered on a jury verdict finding him guilty of sexual assault on a child. We affirm.

Defendant contends that his conviction must be reversed because the trial court erred in failing to give a cautionary jury instruction. We disagree.

When a child victim’s hearsay statement is admitted under § 13-25-129, C.R.S. (1987 Repl.Vol. 6A), the trial court must give a cautionary instruction on credibility. In People v. McClure, 779 P.2d 864 (Colo. 1989), our supreme court construed § 13-25-129 to require that the court…