Legal Opinion

People v. McNeely

Colorado Court of Appeals

Decided May 28, 2009No. 06CA2519PublishedCited by 15 opinions

1Opinion of the Court

Opinion by

Judge CONNELLY.

Defendant, Kenneth Maurice McNeely, III, was convicted after a jury trial of one count of sexual assault on a child, and the court sentenced him to four years to life in prison. We affirm the conviction but remand to correct a clerical error in the mittimus.

I. Background

This case arose from an alleged sexual relationship between the twenty-year-old defendant and a thirteen-year-old neighbor girl. The jury acquitted on two counts involving earlier incidents but convicted on a third count involving the last incident, which allegedly occurred in February 2005. The victim…

2Cases cited45 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Allen v. United StatesSupreme Court of the United States · 1896
  4. Henderson v. KibbeSupreme Court of the United States · 1977
  5. Lowenfield v. PhelpsSupreme Court of the United States · 1988

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3Cited by15 opinions

  1. People v. McBrideColorado Court of Appeals · 2009
  2. People v. RandellColorado Court of Appeals · 2012
  3. Gibbons v. PeopleSupreme Court of Colorado · 2014
  4. People v. LopezColorado Court of Appeals · 2015
  5. People v. MartinezColorado Court of Appeals · 2009

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