The People of the State of Colorado, Petitioner v. Richard Anthony Hernandez, Respondent — Martinez, J., Dissenting

Summary

Justice Martinez dissented from the majority's conclusion that the accident-reporting statutes implicitly require a driver to identify himself as the driver or admit to driving. The dissent reasoned that the statutory text omits such a requirement, criminal statutes must not be expanded by implication, and due process requires clearer notice before criminal liability may attach. The dissent also concluded that false concealment was separately addressed by the false-reporting statute and that the majority's interpretation improperly expanded felony liability. Justice Martinez, dissenting, would have rejected the implied identification requirement and Hernandez's resulting felony conviction.