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PEOPLE v. HERNANDEZ

No. 76-813.

614 P.2d 900 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Tina Trout HERNANDEZ, a/k/a Tina Kay Trout, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified On Denial of Rehearing May 1, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Douglas A. Colaric, Designated Counsel, Steamboat Springs, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, William S. Schurman, Special Deputy Public Defender, Steamboat Springs, for defendant-appellant.

STERNBERG, Judge.

The determinative issue on this appeal is whether the offense of which defendant Tina Hernandez was convicted, "attempted criminally negligent homicide," was legally cognizable in Colorado. We conclude that, under the applicable statutes, the charge was a logical and legal impossibility. Therefore, we reverse Hernandez' conviction of that offense.

Hernandez originally was charged with first degree assault, conspiracy to commit first degree...

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