People v. Webb

The defendant, Bobby Joe Webb, appeals from a jury conviction of manslaughter under 1971 Perm. Supp., C.R.S. 1963, 40-3-104( 1)(a). This subsection of the statute was held unconstitutional in People v. Calvaresi, 188 Colo. 277, 534 P.2d 316 (1975). The Attorney General agrees that we must reverse, but remand with directions to resentence the defendant.

During the early morning hours of December 21, 1972, defendant Webb was driving behind a car driven by Donald Dunkle in which eighteen-year-old victim Cindy Mumford was a passenger. Dunkle testified that Webb followed him too closely and then…