August 21, 2019

Colorado Court of Appeals: People v. Trujillo

on June 10, 2010.

Incest—Aggravated Incest—Sexual Assault on a Child—Hearsay—Victim—Age—CRS § 13-25-129.

Defendant Trujillo appealed the judgment of conviction entered on a jury verdict finding him guilty of aggravated incest and sexual assault on a child by one in a position of trust. The judgment was affirmed.

Before trial, the prosecution moved to admit separate hearsay statements that the victim, Trujillo’s daughter, had made about the assault to her mother, a physician, and a social worker. After a hearing, the trial court found that the statements were admissible under CRS § 13-25-129. They were presented to the jury, although the victim also testified at trial.

Defendant’s sole contention on appeal was that the trial court erred by admitting the victim’s hearsay statements under § 13-25-129. Trujillo asserted that the statute should be interpreted as applying to victims who were “less than fifteen years of age at the time of the offense”; here, the victim was 16 years old when the alleged assault occurred. However, the phrase “when the victim was less than fifteen years of age at the time of the commission of the offense” in § 13-25-129(1) applies only to a victim of incest under § 18-6-301. Because Trujillo was charged with aggravated incest and sexual assault on a child by one in a position of trust, the trial court did not err by admitting the victim’s hearsay statements under § 13-25-129.

This summary is published here courtesy of The Colorado Lawyer. Other summaries by the Colorado Court of Appeals on June 10, 2010, can be found here.

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