Clark v. People

We granted certiorari in People v. Clark, 214 P.3d 531 (Colo.App.2009), to determine whether sufficient evidence exists to sustain defendant’s sexual assault conviction. 1 Defendant Rosten Lee Clark argues that the prosecution failed to prove beyond a reasonable doubt his identity as the perpetrator of the sexual assault. He contended before the jury, in the court of appeals, and now before us that the prosecution’s proof, which included DNA evidence of his semen on the alleged victim’s clothing, failed to exclude the possibility that the semen was deposited at a time other than that of the…