PRINGLE, Chief Justice.
This is an appeal by the district attorney from a decision of the Larimer County District Court granting defendant's motion to dismiss. The defendant was charged in a two-count information with vehicular homicide, a felony, and criminally negligent homicide, a misdeameanor. The district court dismissed the felony count, basing its ruling on our decision in People v. Calvaresi, 188 Colo. 277,
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