People v. Hernandez

STERNBERG, Judge.

The determinative issue on this appeal is whether the offense of which defendant Tina Hernandez was convicted, “attempted criminally negligent homicide,” was legally cognizable in Colorado. We conclude that, under the applicable statutes, the charge was a logical and legal impossibility. Therefore, we reverse Hernandez’ conviction of that offense.

Hernandez originally was charged with first degree assault, conspiracy to commit first degree assault, and attempted second degree murder. Following a preliminary hearing, the assault and conspiracy charges were dismissed. The…