People v. Cruz

Opinion by

Judge KAPELKE.

Defendant, Darrell W. Cruz, appeals the judgment of conviction entered upon a jury verdict finding him guilty of first degree sexual assault. On such appeal, we previously reversed the judgment of conviction and remanded the cause. People v. Cruz, 903 P.2d 1198 (Colo.App.1995). On petition for certiorari, the supreme court vacated our judgment and remanded the case for reconsideration in light of Dunton v. People, 898 P.2d 571 (Colo.1995). Upon reconsideration, we affirm.

At trial, defendant contended that the victim had consented to having sexual relations with him. He…