PEOPLE v. PENA

No. 96CA0902.

962 P.2d 285 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Christopher H. PENA, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied October 30, 1997.


Attorney(s) appearing for the Case

Gale Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Kathleen M. Byrne, Special Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Anthony Viorst, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge KAPELKE.

Defendant, Christopher H. Pena, appeals a judgment of conviction entered on a jury verdict finding him guilty of vehicular eluding. He challenges the sufficiency of the evidence, contends that his conviction was in violation of his equal protection rights, and urges that the trial court erred in refusing to instruct the jury on reckless driving as a lesser included offense. We agree with the allegation of instructional error and, thus, reverse...

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