People v. Huskey

ENOCH, Chief Judge.

This is an appeal by defendant Kurt D. Huskey of his conviction for aggravated motor vehicle theft under § 18-4-409(2)(e), C.R.S. 1973 (1978 Repl.Vol. 8). We affirm.

*900Defendant stipulated at trial that he exercised control over a motor vehicle belonging to the victim, and had caused over $500 in damages. His defense to the charge of aggravated motor vehicle theft was that he was too intoxicated at the time of the offense to be capable of either “knowingly” or “voluntarily” obtaining or exercising control over the vehicle.

The culpability requirement for the crime of aggravated…