Opinion
No. C-235
Decided April 9, 1973.
From appeal to Denver Superior Court, which reversed county court ruling that driving while ability impaired (DWAI) was a lesser included offense of driving under the influence (DUI), petition for certiorari was granted.
Reversed
1. DRIVING UNDER THE INFLUENCE — Lesser Included Offense — Driving While Ability Impaired — Thompson v. People. The case of Thompson v. People, 181 Colo. 194, 510 P.2d 311, announced this date — which holds that the offense of driving while ability impaired (DWAI) is a lesser included offense in the charge of driving under the influence (DUI) — is dispositive of the issue here.
Certiorari to the Superior Court of the City and County of Denver, Honorable Charles E. Bennett, Judge.
Rollie R. Rogers, State Public Defender, J.D. MacFarlane, Chief Deputy, Victor M. Zerbi, Jr., Deputy, for petitioner.
Jarvis W. Seccombe, District Attorney, Dale Tooley, District Attorney, Frederic B. Rodgers, Deputy, Brooke Wunnicke, Chief Appellate Deputy, for respondent.
This case is one of three consolidated for the purpose of examining 1969 Perm. Supp., C.R.S. 1963, 13-5-30.
Petitioner Giron was charged in Denver county court with driving under the influence of intoxicating liquor (DUI), 1969 Perm. Supp., C.R.S. 1963, 13-5-30(1)(a). Trial was to the court. No blood alcohol evidence was given, but rather the arresting officer testified and a movie of petitioner's behavior 25 minutes after the arrest was shown. The trial court found that the prosecution had established driving while ability impaired (DWAI), 1969 Perm. Supp., C.R.S. 1963, 13-5-30(1)(b), and ruled that DWAI was a lesser included offense of DUI. Judgment of guilty of DWAI only was entered. The People appealed to the Denver Superior court, which reversed, holding that DWAI was not a lesser included offense of DUI. From that ruling Giron's petition for certiorari was granted.
[1] Thompson v. People, 181 Colo. 194, 510 P.2d 311, announced this date, is dispositive of the issue here, holding that DWAI is a lesser included offense in the charge of DUI.
Judgment is reversed and cause is remanded to the Superior Court to reinstate the judgment of the County Court.