PEOPLE v. ZWEYGARDT

No. 10CA1714.

298 P.3d 1018 (2012)

2012 COA 119

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dylan T. ZWEYGARDT, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

July 19, 2012.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, John D. Siedel , Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Anthony J. DiCola , Hot Sulphur Springs, Colorado, for Defendant-Appellant.


Opinion by Judge HAWTHORNE.

¶ 1 Defendant, Dylan T. Zweygardt, appeals the judgment of conviction entered on jury verdicts finding him guilty of two careless driving resulting in death counts, one negligent homicide count, and three vehicular assault (reckless) counts. We affirm.

¶ 2 We conclude, as a matter of first impression, that careless driving is not a lesser included offense of vehicular assault (reckless).

¶ 3 While driving...

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