Woertman v. People

Frank Woertman was charged with three counts of sexual assault on a child. Section 18-3-405, 8B C.R.S. (1986). The jury returned a verdict of guilty on Count I, and verdicts of not guilty on Counts II and III. Woertman was sentenced to six-years imprisonment. 1 The court of appeals affirmed. People v. Woertman, 786 P.2d 443 (Colo.App.1989). We granted certiorari, and now reverse and remand for a new trial.

I

Woertman was a surrogate older brother to R.T., a minor, at the time the alleged sexual contact occurred. In August 1985, R.T. told his adoptive mother that Woert-man had fondled him and…