A jury will not weigh the evidence against Jamey Page, who was charged with the assault of a 76-year-old woman in June 2007. Instead, an evidentiary hearing will be held in December to determine if Page should be sentenced as a habitual offender for his August 2009 conviction of sexual assault on an 87-year-old Cedaredge woman.

The assault charges will be dismissed with prejudice, meaning the district attorney is barred from future prosecution.

“We didn’t think there was sufficient evidence to convict Page in August,” said defense attorney Dan Shaffer, “and the 2007 case is even weaker.”

If the judge determines Page should be treated as a habitual offender, his sentence could be four times the maximum. Page is facing the possibility of life in prison.

He is being held in Delta County Jail until sentencing is finalized.

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