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eBook details

• Title: People V. Shields
• Author : Colorado Supreme Court
• Release Date : January 09, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

We granted the People's petition for certiorari to review the decision of the Colorado Court of Appeals in People v. Shields, 805 P.2d 1140 (Colo. App. 1990), in which the court overturned the first-degree sexual assault conviction of the defendant, Bruce Timothy Shields. The court of appeals held that the instruction given at trial on the offense of second-degree sexual assault was infirm because it did not clearly distinguish between that crime and first-degree sexual assault. The court also held that the trial court's failure to respond to a question submitted by the jury during deliberations, by clarifying the instruction so that the jury could adequately distinguish between first- and second-degree sexual assault, constituted plain error. Id. at 1143-44. We reverse in part, and direct that the defendant's conviction for first-degree sexual assault be reinstated.

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