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People v. Segovia

196 P.3d 1126 (2008)

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People v. Segovia

Colorado Supreme Court

196 P.3d 1126 (2008)

Facts

Jose Palma Segovia (defendant) was charged with sexually assaulting 13-year-old TL. Segovia’s defense was that TL had fabricated the assault. At trial, Segovia’s attorney cross-examined TL about whether she was sometimes not honest. When TL said she did not understand what the attorney meant, the attorney asked TL if she and someone else had stolen from a particular store. The trial court stopped the trial and found that (1) TL’s credibility was not at issue, (2) Segovia was trying to attack TL’s credibility under Rule of Evidence 404(b) without the mandatory notice, (3) Segovia was attacking TL’s character for truthfulness using extrinsic evidence in violation of Rule of Evidence 608(b), and (4) without some indication that TL had lied, the mere act of shoplifting was not probative of TL’s truthfulness. The trial court determined that the errors could not be corrected and declared a mistrial. Segovia moved to dismiss the charges against him, arguing that the double-jeopardy doctrine prevented a second trial. The trial court denied the motion, and Segovia appealed.

Rule of Law

Issue

Holding and Reasoning (Rice, J.)

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