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

Summary

The court held that an unpreserved double-jeopardy claim may be raised for the first time on appeal and is ordinarily reviewed for plain error. Applying the strict-elements test, it concluded that driving under revocation is not a lesser included offense of aggravated driving after revocation prohibited because the former includes an additional alternative vehicle category. The court therefore affirmed the judgment below. Justice Coats, concurring in the judgment, disagreed with the majority's lesser-included-offense test but agreed with the result under his preferred standard.