DUNN v. TICE

No. 78-1204.

598 P.2d 530 (1979)

Donald Dean DUNN, Plaintiff-Appellee, v. William TICE, a Hearing Examiner of the State of Colorado, Department of Revenue, Motor Vehicle Division, George L. Theobald, Hearing Division Director, Motor Vehicle Division, Department of Revenue of the State of Colorado, and H. C. Weed as Manager of the Department of Revenue, State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

July 19, 1979.


Attorney(s) appearing for the Case

G. William Beardslee, Fort Collins, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Richard H. Forman, Asst. Atty. Gen., Denver, for defendants-appellants.


COYTE, Judge.

The Department of Revenue appeals from a judgment of the trial court which set aside the revocation of the plaintiff's driver's license under the habitual offender statute because certain of plaintiff's convictions could not be considered for point assessment purposes. We affirm.

The plaintiff's license was revoked for five years by defendant's hearing officer, based on a finding that plaintiff had been convicted within a five-year period of...

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