PEOPLE v. MONTOYA

Court of Appeals No. 18CA1409.

516 P.3d 970 (2022)

2022 COA 55M

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Glen Gary MONTOYA, Defendant-Appellant.

Colorado Court of Appeals, Div. VI.

As Modified on Denial of Rehearing July 14, 2022.


Attorney(s) appearing for the Case

Philip J. Weiser , Attorney General, Brenna A. Brackett , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Megan A. Ring , Colorado State Public Defender, Mackenzie Shields , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


¶ 1 We are presented with two issues of first impression in the context of the Colorado Expressed Consent Statute, section 42-4-1301.1(2)(a), C.R.S. 2021: First, when the district court is asked to make a pretrial evidentiary ruling on whether a defendant refused to take a blood test, what constitutes refusal in the...

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