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(DOWNLOAD) "People V. Leske" by Colorado Supreme Court # eBook PDF Kindle ePub Free

People V. Leske

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eBook details

  • Title: People V. Leske
  • Author : Colorado Supreme Court
  • Release Date : January 13, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

We granted certiorari to consider the decision of the court of appeals in People v. Leske, 937 P.2d 821 (Colo. App. 1996). The court of appeals vacated the respondent's conviction and sentence for sexual assault on a child, concluding that it was a lesser included offense of sexual assault on a child by one in a position of trust ("position of trust"). The court of appeals affirmed the trial court's decision to impose sentences within the aggravated range for the respondent's remaining convictions. We granted certiorari to consider whether the defendant could be convicted of both the sexual assault on a child and position of trust offenses, and whether the trial court abused its discretion by imposing sentences outside the presumptive range. We hold that sexual assault on a child is not a lesser included offense of sexual assault on a child by one in a position of trust, and therefore reverse the court of appeals' judgment vacating the respondent's conviction and sentence for sexual assault on a child. We affirm the court of appeals' judgment that the trial court did not abuse its discretion by imposing sentences in the aggravated range.


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