People v. Smoots
2013 WL 6126733
Colo. Ct. App.2013Background
- Smoots was convicted by jury of vehicular assault—DUI, DUI, and DUI per se; the court affirmed vehicular assault and DUI per se but vacated the DUI conviction.
- Smoots was driving east on a two-lane highway; victim traveled westbound and Smoots swerved into the victim’s lane, causing a collision and serious injuries to the victim.
- Smoots’s blood alcohol content shortly after the crash was .346; he did not dispute intoxication but challenged proximate causation and argued the physical evidence did not fully support the victim’s version.
- The trial court gave a proximate cause instruction for the strict liability vehicular assault—DUI; Smoots sought an intervening cause instruction which the court denied.
- The court addressed multiplicity/double jeopardy, concluding DUI is a lesser included offense of vehicular assault—DUI, and vacated the DUI conviction while affirming the other convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the proximate cause instruction was proper | Smoots argued the instruction misdefined proximate cause | Smoots asserted the instruction could dilute the People’s burden | No reversible error; instructions correctly informed elements and burden |
| Whether an intervening cause instruction should have been given | Smoots claimed intervening-cause should be instructed based on evidence | Smoots contends gross negligence could be intervening | No error; no basis shown for an intervening-cause instruction |
| Whether DUI is a lesser included offense of vehicular assault—DUI | People urged DUI as lesser-included; Meads/Grassi 镇 precedent | Smoots urged DUI is not lesser included; broader elements in vehicular assault | DUI conviction vacated as lesser included offense under strict elements test (majority view) |
| Whether the convictions violated double jeopardy / multiplicity | People argued no violation under preserved/plain-error review | Smoots argued constitutional and statutory prohibitions against multiple punishments | Conviction for DUI vacated; vehicular assault and DUI per se affirmed |
Key Cases Cited
- People v. Lucas, 232 P.3d 155 (Colo.App.2009) (jury instruction review; de novo with harmless error standard)
- People v. Grassi, 192 P.3d 496 (Colo.App.2008) (proximate cause; strict liability vehicular assault instructions)
- People v. Garcia, 28 P.3d 340 (Colo.2001) (harmless error; instructional correctness)
- People v. Reynolds, 252 P.3d 1128 (Colo.App.2010) (intervening cause as affirmative defense; evidence standard)
- People v. Cruthers, 124 P.3d 887 (Colo.App.2005) (lesser included offense analysis under strict elements test)
- People v. Meads, 78 P.3d 290 (Colo.2003) (strict elements test framework for lesser included offenses)
- Brown v. Ohio, 432 U.S. 161 (U.S. Supreme Court 1977) (lesser included offense doctrine; multiple punishments)
- People v. Zweygardt, 298 P.3d 1018 (Colo.App.2012) (divisions' approaches to lesser included offenses; care with scope of driving/operating)