People v. Rickstrew

ERICKSON, Justice.

The prosecution appeals from the trial court’s ruling that section 42-4-1401, 17 C.R.S. (1984 & 1988 Supp.), is unconstitutional because it imposes a more severe penalty for the same behavior proscribed by section 42-4-1406, 17 C.R.S. (1984). Violation of section 42-4-1401 is a felony. Violation of section 42-4-1406 is a class two traffic offense. We disapprove of the trial court’s ruling.

I

On September 26, 1987, a state trooper was struck and killed by a van traveling north on Interstate 25 in El Paso County. At the time he was struck, the officer was standing next to…