People v. Wilson

Opinion by

Judge KELLY. *

The defendant, Norman Wayne Wilson, appeals the judgments of conviction entered on jury verdicts finding him guilty of two counts of sexual assault on a child and two counts of child abuse. Relying on People v. McClure, 779 P.2d 864 (Colo.1989), he argues, inter alia, that the failure of the trial court sua sponte to instruct the jury contemporaneously with the testimony of numerous witnesses as required by § 13-25-129(2), C.R.S. (1987 Repl.Vol. 6A) was plain error mandating reversal. We agree with the defendant’s position and, therefore, reverse.

In McClure, supra,…