Supreme Court of Colorado August 21, 1978, 27620 (People v. Gennings)

MR. JUSTICE ERICKSON

delivered the opinion of the Court.

Defendant was convicted by a jury of first-degree sexual assault. Section 18-3-402(l)(a), C.R.S. 1973 (1977 Stipp.). After the verdict, the trial court granted defendant’s motion for judgment notwithstanding the verdict and entered a judgment against the defendant on the lesser offense of third-degree sexual assault. Section 18-3-204, C.R.S.