People v. Johnson
This text of 815 P.2d 427 (People v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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.
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Cite This Page — Counsel Stack
815 P.2d 427, 15 Brief Times Rptr. 994, 1991 Colo. LEXIS 455, 1991 WL 127195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-colo-1991.