PEOPLE v. TRIMBLE

No. 92SA93.

839 P.2d 1168 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Larry Ray TRIMBLE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 9, 1992.


Attorney(s) appearing for the Case

Douglass F. Primavera, Dist. Atty., and Robert L. Kruse, Jr., Deputy Dist. Atty., Alamosa, for plaintiff-appellant.

Motz, Gonzales & Martinez, William A. Martinez, Alamosa, for defendant-appellee.


Justice QUINN delivered the Opinion of the Court.

The issue in this appeal is whether the district court, in the course of a prosecution for the felony of "driving after revocation prohibited," properly granted a motion to dismiss that charge because the defendant's 1978 conviction for driving while his ability was impaired by the use of alcohol, an essential component of the felony charge, was obtained in violation of the defendant's constitutional right to counsel...

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