Vanessa Ann Zubiate, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court held that Zubiate could raise her unpreserved double-jeopardy claim for the first time on appeal, and that plain-error review ordinarily applies. It further held that driving under revocation is not a lesser included offense of aggravated driving after revocation prohibited because the former requires proof of a broader vehicle category. The court therefore affirmed the court of appeals; Justice Coats, joined by Justices Eid and Boatright, concurred in the judgment but rejected the majority’s lesser-included-offense test.