22CA0901
Colo. Ct. App.Aug 14, 2025Background
- Noah Ray Thomas was convicted of felony DUI in Colorado, after evidence showed he had three or more prior qualifying convictions (DUI, DWAI, vehicular homicide, and vehicular assault).
- The prior convictions were introduced at trial as required elements for the elevated felony DUI charge.
- Thomas requested to bifurcate (separate) the trial on the priors, and objected to the way the convictions (including vehicular homicide/assault) were used and referenced in the jury instructions.
- He challenged the admission of the breathalyzer report as hearsay.
- Thomas claimed constitutional violations from the prejudice caused by prior convictions and from an alleged variance between the charge and proof at trial.
- The Court of Appeals affirmed the conviction, addressing each issue raised by Thomas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Bifurcation of prior convictions | Permitted in single trial | Should have been bifurcated | Not permitted under People v. Kembel |
| Limiting instruction on prior crimes | Limiting instruction sufficient | Limiting instruction was incomplete | Not plain error; no reversal required |
| Admission of prior convictions (404b) | Evidence intrinsic to charge | Prior homicide/assault should be excluded as propensity evidence | Intrinsic to crime, thus admissible |
| Variance between charge & evidence | No prejudice, full notice | Jury could convict based on uncharged priors | No prejudice; sufficient notice given |
| Admission of breathalyzer report | Machine-generated | ||
| (report not hearsay) | Report was hearsay | Not hearsay; properly admitted or harmless error | |
| Constitutionality of felony DUI statute (as applied) | Statute constitutional | Statute unconstitutional as applied | Claim unpreserved and undeveloped, not reviewed |
Key Cases Cited
- Linnebur v. People, 397 P.3d 1198 (Colo. 2017) (prior convictions are an element for felony DUI that must be proved to jury)
- People v. Kembel, 525 P.3d 470 (Colo. 2023) (bifurcation not permitted for DUI elements in jury trial)
- Rojas v. People, 503 P.3d 445 (Colo. 2022) (Rule 404(b) does not apply to intrinsic acts constituting an element of the offense)
- Griffin v. People, 224 P.3d 292 (Colo. App. 2009) (plain error standard for unpreserved instruction claims)
- Campbell v. People, 465 P.3d 1140 (Colo. 2020) (variance not prejudicial when defendant received sufficient notice)