People v. Garner

The People bring this appeal pursuant to section 16-12-102(1), 8A C.R.S. (1986), to review the ruling of the trial court dismissing a vehicular homicide charge against the defendant Earl Wayne Garner. 1 We find that the trial court erred in dismissing the charge at the preliminary hearing by concluding that the act of speeding, not the intoxication of the defendant, was the proximate cause of the death of the victim. We reverse the trial court’s dismissal of the vehicular homicide charge.

I

On November 7, 1987 Garner was driving a pickup truck on a four-lane divided residential street in…