People v. Valdez, 25582

• Decision Date: 09 April 1973
• Docket Number: No. 25582,25582
• Citation: 510 P.2d 317
• Parties: The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Roger J. VALDEZ, Defendant-Appellee.
• Court: Colorado Supreme Court

Page 317

510 P.2d 317

181 Colo. 206

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Roger J. VALDEZ, Defendant-Appellee.

No. 25582.

Supreme Court of Colorado, En Banc.

April 9, 1973.

Appeal from County Court, City and County of Denver; Irving Ettenberg, Judge.

Jarvis W. Seccombe, Dale Tooley, Dist. Attys., Frederic B. Rodgers, Brooke Wunnicke, Deputy Dist. Attys., for plaintiff-appellant.

Frickey, Cairns & Wylder, P.C., Earl S. Wylder, Denver, for defendant-appellee.

DAY, Justice.

This case arises under circumstances similar to the trilogy of cases relative to 1969 Perm.Supp., C.R.S.1963, 13-5-30. Those cases: Thompson v. People, Colo., 510 P.2d 311; Giron v. People, Colo., 510 P.2d 316; and People v. Smith, Colo., 510 P.2d 315, all announced this date, are dispositive of the issues within this appeal.

The posture of this case differs from the above cases in that the action was dismissed by the Denver county court on motion of the defendant on the ground that 1969 Perm.Supp., C.R.S.1963, 13-5-30(1)(a), pertaining to "driving under the influence," was unconstitutional. The People appealed directly to this court as provided in C.R.S.1963, 39-7-26(2).

Pursuant to the Thompson, supra, opinion the judgment is reversed and remanded to the county court with directions to vacate its order of dismissal and to reinstate the cause for trial consonant with the views expressed in Thompson v. People, supra.