People v. Gennings

Defendant was convicted by a jury of first-degree sexual assault. Section 18-3-402(l)(a), C.R.S. 1973 (1977 Stipp.). After the verdict, the trial court granted defendant’s motion for judgment notwithstanding the verdict and entered a judgment against the defendant on the lesser offense of third-degree sexual assault. Section 18-3-204, C.R.S. 1973 (1977 Supp.). The district attorney appealed. We reverse and remand with directions to reinstate the jury’s verdict and to sentence the defendant on his conviction of first-degree sexual assault.

On October 10, 1976, a young woman, who was employed at…