People v. Jones

Opinion by

Judge SMITH.

The defendant, Gary Jones, appeals the judgment entered on a jury verdict finding him guilty of sexual assault on a child and child abuse resulting in bodily injury. We reverse and remand.

I

The defendant contends that the trial court erred in admitting hearsay statements of the victim and her brother without contemporaneous cautionary instructions as required by § 13-25-129(2), C.R.S. (1987 Repl.Vol. 6A). We agree.

In order to safeguard the defendant’s right of confrontation and his due process right to a fair trial, § 13-25-129(2) does, indeed, mandate that the court…