Zubiate v. People

HI In this case, we address (1) whether a defendant may raise his or her unpreserved double jeopardy claim for the first time on appeal and, if so, what standard of review applies and (2) whether driving under revocation (“DUR”) is a lesser included offense of aggravated driving after revocation prohibited (“aggravated DARP”).1

¶2 In Reyna-Abarca v. People, 2017 CO 15, ¶¶ 2-3, 390 P.3d 816, also decided today, we (1) concluded that unpreserved double jeopardy claims can be raised for the first time on appeal and that appellate courts should ordinarily review such claims for plain error and (2)…