LUMBARDY v. PEOPLE

No. 79SC58.

625 P.2d 1026 (1981)

Frank Duane LUMBARDY, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

March 23, 1981.


Attorney(s) appearing for the Case

Nelson & Phillips, P. C., Donald R. Nelson, Lakewood, for petitioner.

Nolan L. Brown, Dist. Atty., First Judicial Dist., Charles James Carroll, Deputy Dist. Atty., Golden, for respondent.


DUBOFSKY, Justice.

The defendant, Frank Duane Lumbardy, appeals his conviction under section 42-4-1402, C.R.S.1973 (1980 Supp.) (a part of the state's "hit and run" statutory scheme), for leaving the scene of an accident and failing to report the accident. Because we conclude that section 42-4-1402 applies only to accidents involving damage to a vehicle which is driven or attended by another person, it cannot serve as the basis of the defendant's conviction for leaving...

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