People v. Wallen

Opinion by

Judge NEY.

Defendant, Richard A. Wallen, appeals from the judgment of conviction entered upon a jury verdict finding him guilty of first degree sexual assault. He also challenges the sentence imposed. We affirm.

The defense asserted at trial was consent.

I

Defendant contends that the trial court committed reversible error by admitting evidence of a prior act where defendant was acquitted of that offense. He argues: 1) that the admission of the evidence was barred by the doctrine of collateral estoppel, and 2) that the evidence was not properly admitted under § 16-10-301, C.R.S.1998, and…