People v. Bertrand

Opinion by

JUDGE TERRY

{1 Defendant, Donald Wayne Bertrand, appeals the judgment of conviction entered on a jury verdict finding him guilty of two counts of sexual assault. Defendant was convicted of sexual assault under section 18-3-402(1)(b), C.R.S.2014, after the jury was given an incorrect instruction dealing with whether the alleged victim was able to appraise the nature of her conduct because she was asleep or partially asleep. Because this error was not harmless, we reverse and remand for a new trial.

I. Background

2 Defendant is the cousin of the alleged victim, K.B. KB. suffers from…