People v. Johnson

815 P.2d 427, 15 Brief Times Rptr. 994, 1991 Colo. LEXIS 455, 1991 WL 127195

Opinions

Justice ERICKSON

delivered the Opinion of the Court.

Certiorari was granted to determine whether first-degree sexual assault (section 18 — 3—402(3)(a), 8B C.R.S. (1986)), merges with second-degree kidnapping (section 18-3-302(3)(a), 8B C.R.S. (1986)). The court of appeals, relying on People v. Henderson, 794 P.2d 1050 (Colo.App.1989), held that the merger doctrine required that the sexual assault conviction and sentence be vacated. 802 P.2d 1105. We reversed People v. Henderson, holding that sexual assault did not merge into second-degree kidnapping. People v. Henderson, 810 P.2d 1058 (Colo.1991).

Accordingly, we reverse the court of appeals and remand with directions to reinstate the judgment of conviction and sentence imposed on Roy Hayes Johnson III for sexual assault.

QUINN, J., dissents, and LOHR and KIRSHBAUM, JJ., join in the dissent.