Opinion
No. 82SA167
Decided September 6, 1983. Rehearing Denied September 26, 1983.
Appeal from the District Court in and for the City and County of Denver, Honorable Edward E. Carelli, Judge.
Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, Solicitor General, John Milton Hutchins, Assistant Attorney General, for plaintiff-appellee.
David F. Vela, Colorado State Public Defender, Gerald E. Piper, Deputy State Public Defender, for defendant-appellant.
A jury found defendant, Tomasita Baca, guilty of the offense of vehicular homicide. She has appealed her conviction on the ground that the requirement of proof of "proximate cause" renders this statute unconstitutionally vague, in violation of federal and Colorado constitutional guarantees of due process of law.
Section 18-3-106, C.R.S. 1973 (1978 Repl. Vol. 8).
As a result of the asserted constitutional challenge, this appeal was transferred from the Court of Appeals. See §§ 13-4-102(1)(b) and 13-4-110(1)(a), C.R.S. 1973.
In People v. Rostad, 669 P.2d 126, 128 (Colo. 1983), we concluded that the requirement of proof of "proximate cause" in section 18-3-106 "is sufficiently intelligible to satisfy both federal and Colorado constitutional standards of due process of law." That decision is dispositive of the issue raised here by defendant. Therefore, the judgment of conviction is affirmed.