People v. Gentry

ERICKSON, Justice.

The defendant, Deborah Gentry, was acquitted by a Pueblo County jury of one count of vehicular homicide while under the influence of an intoxicant. See § 18-3-106(l)(b)(I), 8B C.R.S. (1986). 1 The prosecution appeals from an adverse ruling of the Pueblo County District Court on a question of law pursuant to section 16-12-102(1), 8A C.R.S. (1986). The district court overruled the prosecution’s objection to a jury instruction concerning the doctrine of independent intervening cause. We hold that the trial court’s instruction misstated the law of independent intervening cause,…