PEOPLE v. SHEPHERD

No. 95SA325.

906 P.2d 607 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jake SHEPHERD, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 11, 1995.


Attorney(s) appearing for the Case

Peter H. Michaelson, District Attorney, Fifth Judicial District, Lindsey S. Topper, Assistant District Attorney, Leadville, for Plaintiff-Appellant.

David F. Vela, State Public Defender, Dale W. McPhetres, Deputy State Public Defender, Silverthorne, for Defendant-Appellee.


Chief Justice VOLLACK delivered the Opinion of the Court.

In this interlocutory appeal, the People seek review of an order entered by the Lake County District Court prohibiting the introduction into evidence of blood test results obtained from the defendant, Jake Shepherd. The blood tests were administered following a single-vehicle traffic accident involving a vehicle driven by the defendant. The trial court found that the investigating officer lacked probable cause...

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