People v. Brown

ERICKSON, Justice.

The defendant, Vincent Brown, was charged with second-degree burglary and first-degree sexual assault. Sections 18 — 4— 203 and 18-3-402, C.R.S.1973 (1978 Repl. Vol. 8). 1 He was convicted by a jury of first-degree sexual assault and acquitted on the burglary charge. He was sentenced to a prison term of seven to eight years. On appeal, the defendant asserts: (1) that the marital sexual assault exception of section 18-3-409, C.R.S.1973 (1978 Repl. Vol. 8) (hereinafter marital exception statute), creates an arbitrary and irrational distinction between persons committing…