BLUM v. COUNTY COURT OF LARIMER COUNTY

No. 80CA1079.

631 P.2d 1191 (1981)

John Charles BLUM, Plaintiff-Appellant, v. The COUNTY COURT OF LARIMER COUNTY and William E. Smoke, one of the judges therein, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

June 18, 1981.


Attorney(s) appearing for the Case

Law Offices of King & Wallin, Tad Wallin, Fort Collins, for plaintiff-appellant.

Stuart A. VanMeveren, Dist. Atty., Christine Loucks, Deputy Dist. Atty., Fort Collins, for defendants-appellees.


STERNBERG, Judge.

The issue in this appeal is whether prosecution in the county court for driving under the influence is permissible after a defendant has entered a guilty plea to speeding in a municipal court where both charges arise out of the same incident. The district court concluded that neither constitutional double jeopardy provisions nor Colorado statutes prohibited the prosecutions. We affirm.

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