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PEOPLE v. VOTH

Supreme Court Case No. 13SA113.

312 P.3d 144 (2013)

2013 CO 61

In re: The PEOPLE of the State of Colorado, Plaintiff v. Paul Lesley VOTH, Defendant.

Supreme Court of Colorado.

October 21, 2013.

Attorney(s) appearing for the Case

Thom K. LeDoux, District Attorney, Eleventh Judicial District, Molly Chilson, Deputy District Attorney, Salida, Colorado, Attorneys for Plaintiff.

The Marquez Law Office, P.C., Ernest F. Marquez, Salida, Colorado, Attorney for Defendant.

The Gasper Law Group, PLLC, Stephen A. Brunette, Allen C. Gasper, Caryn J. Adams, Matthew B. Drexler, Colorado Springs, Colorado, Attorneys for Amicus Curiae.

En Banc.

JUSTICE RICE delivered the Opinion of the Court.

¶ 1 In this original C.A.R. 21 proceeding, we review the trial court's oral order allowing the Defendant, Paul Voth, to assert involuntary intoxication as an affirmative defense under section 18-1-804, C.R.S. (2013). We issued a rule to show cause why the trial court's order should not be vacated. We now hold that the trial court abused its discretion when it found that...

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