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PEOPLE v. CRUTHERS

No. 03CA2190.

124 P.3d 887 (2005)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lloyd Jean CRUTHERS, Defendant-Appellant.

Colorado Court of Appeals, Division II.

Rehearing Denied September 1, 2005.

Certiorari Denied December 5, 2005.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Katherine A. Hansen, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Todd E. Mair, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

WEBB, J.

Defendant, Lloyd Jean Cruthers, appeals the judgment of conviction entered on jury verdicts finding him guilty of vehicular assault, § 18-3-205(1)(b), C.R.S.2004, and driving under the influence of alcohol (DUI), § 42-4-1301(1)(a), C.R.S.2004. We affirm the vehicular assault conviction and vacate the DUI conviction.

According to the People's evidence, the victim was injured in an accident while a passenger on a motorcycle driven by defendant...

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