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PEOPLE v. CHOPRA

No. 88CA1797.

782 P.2d 879 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Birender Singh CHOPRA, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

October 12, 1989.

Attorney(s) appearing for the Case

Donald E. Mielke, Dist. Atty., and Donna Skinner Reed, Sr. Deputy Dist. Atty., Golden, for plaintiff-appellant.

No appearance for defendant-appellee.

Opinion by Judge PLANK.

At the conclusion of a trial to the court, the court acquitted defendant of the charge of vehicular homicide. On this appeal, the People challenge the propriety of that acquittal, and we disapprove the trial court's ruling.

The vehicular homicide statute provides in pertinent part:

"If a person operates a motor vehicle while under the influence of any drug or intoxicant and such conduct is the proximate cause of the death of...

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