(479 P.2d 973)
No. 24658.Supreme Court of Colorado.
Decided January 25, 1971.
Defendant, charged with Causing Death by Operating an Automobile While Under the Influence of Drugs or Intoxicating Liquor, moved to suppress blood alcohol test obtained under “Implied Consent Statute.” Motion granted. Subsequently defendant’s Motion for Judgment of Acquittal was also granted.
Judgment Disapproved.
Error to the District Court of the City and County of Denver, Honorable Robert T. Kingsley, Judge.
James D. McKevitt, District Attorney, Gregory A. Mueller, Assistant, Jarvis W. Seccombe, Chief Deputy, Edward A. Simons, Deputy, for plaintiff in error.
Ben Klein, for defendant in error.
En Banc.
PER CURIAM.
Counsel for the defendant in error has filed a brief in which he concedes
Page 410
that the issue he raised in the trial court is the same as that which we considered and ruled upon People of the State of Colorado v. Jimmy Sanchez, 173 Colo. 188, 476 P.2d 980. Consequently, the trial court, having ruled contrary to our holding in Sanchez, erred and we therefore disapprove of its ruling.
The judgment is disapproved.
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