Walker v. Arries

Opinion by

Judge JONES.

Plaintiff, Gary Walker, appeals the district court’s dismissal of his complaint under C.R.C.P. 106(a)(4). We affirm.

The following facts are not in dispute. In 1994, plaintiff was charged in the Weld County Court under § 42-4-1202, C.R.S. (1993 Repl.Vol. 17), now recodified at § 42^-1301, C.R.S. (1995 Cum.Supp.), with one count of driving under the influence of alcohol and a second count of driving with excessive alcohol content. At a pre-trial conference, a plea agreement was negotiated and thereafter presented to the county court. The terms of the agreement were that,…