People v. Swain

We granted certiorari to review the La Plata County District Court’s order in People v. Swain, No. 96CR152 (Colo.Dist.Ct. Dec. 9, 1996).1 The district court reversed Robert Swain’s convictions for driving while ability impaired (DWAI) and driving without a driv*427er’s license and remanded for a new trial to the La Plata County Court. The district court concluded that the county court erroneously instructed the jury that the term “drove,” within the meaning of section 42-4-1301(1), 17 C.R.S. (1996 Supp.), is defined as “actual physical control” of a vehicle.2 Based on our analysis in Brewer v.…