People v. Estorga

The defendant, Joe Estorga, was convicted of sexual assault on a child (section 18-3-405, C.R.S. 1973) following a jury trial. The defendant appealed, and the case was subsequently transferred from the court of appeals to this court pursuant to section 13-4-110(1)(a), C.R.S. 1973. We reverse and remand for a new trial.

The victim of the sexual assault was a ten-year-old girl who was mentally retarded to some degree. In March 1976 her family moved into an apartment building which was managed by the defendant. The defendant and his family resided in that building. The victim became friendly with…