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PEOPLE v. RICKSTREW

No. 88SA148.

775 P.2d 570 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Brent E. RICKSTREW, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 26, 1989.

Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., and Edward Colt, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, and Rachel A. Bellis, Deputy State Public Defender, Denver, for defendant-appellee.

ERICKSON, Justice.

The prosecution appeals from the trial court's ruling that section 42-4-1401, 17 C.R.S. (1984 & 1988 Supp.), is unconstitutional because it imposes a more severe penalty for the same behavior proscribed by section 42-4-1406, 17 C.R.S. (1984). Violation of section 42-4-1401 is a felony. Violation of section 42-4-1406 is a class two traffic offense. We disapprove of the trial court's ruling.

I.

On September 26, 1987, a state...

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