People v. Voth

¶ 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. (2018). 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 a virus qualifies as a "substance" that can result in intoxication under section 18-1-804. The trial court therefore also abused its discretion in finding that Voth was entitled to assert involuntary intoxication because this…