People v. Ortega
Colorado Court of Appeals
1Opinion of the Court
VAN CISE, Judge.
Defendant, Joseph Steven Ortega, was found guilty by a jury of sexual assault on a four-year-old boy in violation of § 18-3-405, C.R.S.1973 (1978 Repl.Vol. 8). Ortega appeals his conviction. We affirm.
I
The child victim was not called as a witness at the trial. Instead, over the hearsay objections of defense counsel, the court allowed the mother, a physician, and a police officer to testify to statements made to each by the child, on the basis that these statements came within the res gestae or excited utterance exception to the hearsay rule. CRE 803(2). The mother testified…
Also in this document: Concurrence.
2Cases cited19 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- People v. LoweSupreme Court of Colorado · 1983
- People v. RaffaelliSupreme Court of Colorado · 1982
- People v. SepedaSupreme Court of Colorado · 1978
- Lancaster v. PeopleSupreme Court of Colorado · 1980
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3Cited by20 opinions
- State v. SmithSupreme Court of North Carolina · 1985
- Tevlin v. PeopleSupreme Court of Colorado · 1986
- People v. SnookSupreme Court of Colorado · 1987
- Nitz v. StateCourt of Appeals of Alaska · 1986
- State v. WrightIdaho Supreme Court · 1989
15 more not listed; retrieve them via the Exa API.