People v. Sprouse

I respectfully dissent.

Although not specifically stated, a critical assumption of the majority’s analysis is that, since the victim “Lisa” and her mother “Ann” were fictional characters invented by the Arvada police, it was impossible for defendant to have committed the crime of attempted sexual assault on a child. I disagree.

First, defendant did not assert the affirmative defense of impossibility either at trial or on appeal. Thus, it should not form the basis for a reversal of his conviction. See People v. Lesney, 855 P.2d 1364 (Colo.1993).

Second, since, in Darr v. People, 193 Colo. 445,…