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PEOPLE v. VOTH

Supreme Court Case No. 13SA113.

312 P.3d 144 (2013)

2013 CO 61

In re: The PEOPLE of the State of Colorado, Plaintiff v. Paul Lesley VOTH, Defendant.

Supreme Court of Colorado.

October 21, 2013.

Attorney(s) appearing for the Case

Thom K. LeDoux , District Attorney, Eleventh Judicial District, Molly Chilson , Deputy District Attorney, Salida, Colorado, Attorneys for Plaintiff.

The Marquez Law Office, P.C., Ernest F. Marquez , Salida, Colorado, Attorney for Defendant.

The Gasper Law Group, PLLC, Stephen A. Brunette , Allen C. Gasper , Caryn J. Adams , Matthew B. Drexler , Colorado Springs, Colorado, Attorneys for Amicus Curiae.

En Banc.

JUSTICE RICE delivered the Opinion of the Court.

¶ 1 In this original C.A.R. 21 proceeding, we review the trial court's oral order allowing the Defendant, Paul Voth, to assert involuntary intoxication as an affirmative defense under section 18-1-804, C.R.S. (2013). We issued a rule to show cause why the trial court's order should not be vacated. We now hold that the trial court abused its discretion when it found that...

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