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PELLEGRIN v. PEOPLE

Supreme Court Case No. 21SC796.

532 P.3d 1224 (2023)

2023 CO 37

Trevor A. PELLEGRIN, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado.

Rehearing Denied August 7, 2023.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Megan A. Ring , Public Defender, Emily Hessler , Deputy Public Defender, Denver, Colorado.

Attorneys for Respondent: Philip J. Weiser , Attorney General, Brittany Limes Zehner , Assistant Solicitor General, Denver, Colorado.

JUSTICE GABRIEL delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT, JUSTICE HOOD, JUSTICE HART, JUSTICE SAMOUR, and JUSTICE BERKENKOTTER joined.

¶1 This case principally requires us to decide two issues. The first is whether section 18-1-408(5)(c), C.R.S. (2022) ("subsection 408(5)(c)"), creates a "single distinction" test, such that an offense is included in another offense if it involves either a less serious injury or risk...

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