People v. Penn

T1 A county court jury convicted Brian Penn of unlawful sexual contact, a class 1 misdemeanor, in violation of section 18-8-404(1)(a), C.R.S8. (2015), On appeal to the district court, Penn argued that the county court committed reversible plain error by allowing an investigating officer to testify that he "had reason to arrest the defendant for a erime that had been committed." The district court agreed, reasoning that the officer's statement was both an impermissible legal conclusion that probable cause existed to arrest Penn and an improper opinion regarding the victim's credibility. The…