People v. Buhrle

ERICKSON, Justice.

The defendants, Everett and Kathleen Ann Buhrle, were charged in an information with sexual assault on a child in violation of section 18-3-405, 8 C.R.S. (1978 and 1985 Supp.). At the preliminary hearing, the district court dismissed the charge against both defendants on the ground that the prosecution failed to establish the age differential between the victim and the principal, Kathleen Ann Buhrle, under section 18-3-405, which requires the actor to be at least four years older than the victim. On appeal, the prosecution relies on People v. Quinn, 183 Colo. 245, 516 P.2d…