Peo v. Kondratishin
22CA0705
| Colo. Ct. App. | Oct 3, 2024Background
- Sergey Victor Kondratishin was charged in Adams County, Colorado, with felony driving while ability impaired (DWAI) having three or more prior similar convictions.
- A neighbor reported a suspicious vehicle. A police officer found Kondratishin in the driver’s seat of a BMW parked outside his residence, displaying signs of intoxication (bloodshot eyes, alcohol smell, slurred speech).
- Kondratishin admitted to the officer he drank five beers after returning home and acknowledged four prior DUIs, though he stated he drank in his room, not in his car.
- He refused to perform roadside sobriety tests and later refused chemical testing after arrest.
- A jury acquitted him of driving under the influence but convicted him of DWAI; he appealed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence | Evidence (including confession and observations) corroborated DWAI. | No evidence corroborated trustworthiness of confession; only his statement supported impaired driving. | Evidence was sufficient; confession corroborated by circumstances. |
| Judicial Impartiality | Judge properly explained evidentiary procedures. | Judge became an advocate by instructing how to admit DMV records of prior convictions. | No actual bias; judge’s actions within discretion. |
| Admission of Evidence | Officer’s testimony and DMV records properly admitted; no plain error. | Officer gave expert/irrelevant/hearsay testimony; records not properly linked. | No reversible error; evidence properly admitted or harmless. |
| Cumulative Error | No cumulative prejudice exists. | Even if individual errors not reversible, their combination deprived fair trial. | No cumulative error warranting reversal. |
Key Cases Cited
- McCoy v. People, 2019 CO 44 (standard for sufficiency of the evidence review)
- Thomas v. People, 2021 CO 84 (appellate deference to jury verdict)
- People v. LaRosa, 2013 CO 2 (corroboration required for confessions)
- In re Estate of Elliott, 993 P.2d 474 (standard for judicial bias assessment)
- People v. Martinez, 523 P.2d 120 (judge stepping into advocacy role warrants scrutiny)
- Venalonzo v. People, 2017 CO 9 (standard for admitting lay vs expert testimony)
- People v. Adler, 629 P.2d 569 (judicial discretion on evidentiary rulings)