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People v. Hoskay

Colorado Court of Appeals
87 P.3d 194 (2004)

Written by Carolyn Strutton, JD

Facts

Stanton Hoskay (defendant) was admitted to a detoxification facility and was checked into the men’s dormitory. A counselor later looked through a window into the dormitory and saw Hoskay with his pants pulled down, on top of another patient who seemed to be asleep. Hoskay appeared to be sexually assaulting the other man. Hoskay was convicted of sexual assault and public indecency. Hoskay appealed the public indecency conviction, asserting that the trial court erred by not instructing the jury that in order to commit the crime of public indecency Hoskay must have known that he was in a public place.

Rule of Law

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Issue

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Holding and Reasoning (Marquez, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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