Legal Opinion
People v. Garcia
Colorado Court of Appeals
Decided January 29, 2008No. 05CA0016PublishedCited by 4 opinions
1Opinion of the Court
Opinion by
Judge WEBB.
Defendant, Donald L. Garcia, appeals the judgment of conviction entered on jury verdicts finding him guilty of sexual assault (F2), § 18-3-402(l)(a), C.R.S.2007, and sexual assault with the use of a deadly weapon *253(F4), § 18-3-402(l)(a) & (5), C.R.S.2007. His defense was consent. Because we conclude that the trial court erroneously excluded evidence concerning the sexual relationship between defendant and the victim, we reverse and remand for a new trial.
I. Background
Defendant and the victim had a troubled but intimate relationship from July 2002 until at least the end of…
2Cases cited23 opinions
- People v. McKennaSupreme Court of Colorado · 1978
- State v. GarronSupreme Court of New Jersey · 2003
- People v. HarlanSupreme Court of Colorado · 2000
- United States v. Ronald R. Moore, United States of America v. Perseval BrightCourt of Appeals for the D.C. Circuit · 1984
- People v. District Court in & for First Judicial District, Jefferson CountySupreme Court of Colorado · 1990
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3Cited by4 opinions
- State v. PassmoreMontana Supreme Court · 2010
- People v. MunizColorado Court of Appeals · 2008
- Peo v. JohnsonColorado Court of Appeals · 2021
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