People v. Moore

We granted certiorari to review the court of appeals decision in People v. Moore, 860 P.2d 549 (Colo.App.1993), to determine (1) whether the defendant’s conviction for sexual assault on a child was a lesser-included offense that merged into his conviction for first-degree assault under section 18-3-202(l)(d), 8B C.R.S. (1986), and (2) whether voluntary rather than intentional conduct on the part of the actor is a prerequisite to a defendant’s liability under a complicity theory.

The defendant was convicted of, among other crimes, first-degree assault while committing a crime and sexual assault…