Legal Opinion

People v. Garcia

Colorado Court of Appeals

Decided May 3, 2007No. 04CA2240PublishedCited by 16 opinions

1Opinion of the Court

Opinion by

Judge ROMAN.

Defendant, Nicholas G. Garcia, appeals the judgment of conviction entered on a jury verdict finding him guilty of sexual assault against a physically helpless victim, § 18-3-402(1)(h), C.R.S.2006. We reverse and remand for a new trial on the sexual assault charge. Defendant does not appeal his conviction for possession of marijuana, § 18-18, 406(1), C.R.S.2006, and we do not address it.

According to the People's evidence, defendant, who was eighteen years old at the time, was at his teenage friend's house smoking marijuana and watching a movie. When the friend's mother…

2Cases cited26 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. People v. ReaganMichigan Supreme Court · 1975
  3. Masters v. PeopleSupreme Court of Colorado · 2002
  4. People v. LarsonSupreme Court of Colorado · 1977
  5. People v. FisherSupreme Court of Colorado · 1983

21 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. People v. PollardColorado Court of Appeals · 2013
  2. People v. GloverColorado Court of Appeals · 2015
  3. Allen v. MartinColorado Court of Appeals · 2008
  4. People v. MunizColorado Court of Appeals · 2008
  5. People v. MollaunColorado Court of Appeals · 2008

11 more not listed; retrieve them via the Exa API.

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