PEOPLE v. EAGEN

No. 93CA1884.

892 P.2d 426 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Frederic W. EAGEN, Defendant-Appellee.

Colorado Court of Appeals, Div. A.

Rehearing Denied February 2, 1995.


Attorney(s) appearing for the Case

David J. Thomas, Dist. Atty., Miles Madorin, Deputy Dist. Atty., Donna S. Reed, Chief Appellate Deputy Dist. Atty., Golden, for plaintiff-appellant.

Gerash, Robinson & Miranda, P.C., Scott H. Robinson, Denver, for defendant-appellee.


Opinion by Judge PLANK.

The People appeal the trial court's dismissal of two of three criminal charges filed against defendant, Frederic W. Eagen, because the prosecution failed to preserve potentially exculpatory evidence. Defendant had been charged with vehicular homicide, manslaughter, and driving under the influence as a result of a one-car accident in which the passenger was killed. We vacate the judgment of dismissal and remand to the district court for further...

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