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PEOPLE v. GARNER

No. 88SA55.

781 P.2d 87 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Earl Wayne GARNER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 23, 1989.

Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Fourth Judicial Dist., and Gordon R. Denison, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

Mark J. Rue, Colorado Springs, for defendant-appellee.

Justice MULLARKEY delivered the Opinion of the Court.

The People bring this appeal pursuant to section 16-12-102(1), 8A C.R.S. (1986), to review the ruling of the trial court dismissing a vehicular homicide charge against the defendant Earl Wayne Garner.1 We find that the trial court erred in dismissing the charge at the preliminary hearing by concluding that the act of speeding, not the intoxication of the defendant, was the proximate...

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