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PEOPLE v. CARTER

Court of Appeals No. 17CA2331.

486 P.3d 473 (2021)

2021 COA 29

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Wayne Henderson CARTER, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Announced March 11, 2021.

Attorney(s) appearing for the Case

Philip J. Weiser , Attorney General, Brian M. Lanni , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Megan A. Ring , Colorado State Public Defender, Rachel K. Mercer , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

¶ 1 Defendant, Wayne Henderson Carter, appeals his convictions for felony driving under the influence (felony DUI) and failure to present proof of insurance. We conclude that the district court erred by (1) treating the requirement of three prior convictions for felony DUI as a sentence enhancer rather than an element...

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