People v. DeHerrera

QUINN, Justice.

The defendant, Richard DeHerrera, appeals his convictions for assault in the second degree, driving under the influence, and leaving the scene of an accident. He challenges the constitutionality of the second degree assault statute and raises other claims relating to jury instructions and prosecutorial comments during summation. We affirm the defendant’s convictions. 1

I

The defendant was charged in a multi-count information with the following offenses arising out of an episode which occurred on the evening of July 20, 1981, in Las Animas County, Colorado: four counts of assault…