In Re: Plaintiff: the People of the State of Colorado v. Kevin Wayne Viburg.

Summary

The court held that double jeopardy does not bar retrial of Viburg for felony DUI because his prior felony conviction was reversed for legal error and he was never acquitted of that offense. The jury considered only misdemeanor DUI because the trial court incorrectly treated prior convictions as a sentencing enhancement, so the misdemeanor conviction did not constitute an acquittal of felony DUI. The court also held that retrial does not violate due process, the right to a jury trial, or Colorado's mandatory-joinder statute, and remanded for further proceedings.