People v. Flysaway

Opinion by

Judge VAN CISE *.

Defendant, Edward Flysaway, appeals the judgment of conviction entered on jury verdicts finding him guilty of sexual assault on a child and aggravated incest. We affirm.

I

Defendant contends that the trial court erred in failing to give a cautionary jury instruction contemporaneously with the admission of the child victim’s hearsay statements. We disagree.

When a child victim’s hearsay statement is admitted under § 13-25-129(1), C.R.S. (1987 Repl.Vol. 6A), the trial court must give a cautionary jury instruction on credibility. And, while the statute itself contains no…