Colorado Court of Appeals November 2, 1995, 95CA0246 (Walker v. Arries)

Opinion by

Judge JONES.

Plaintiff, Gary Walker, appeals the district court’s dismissal of his complaint under C.R.C.P. 106(a)(4). We affirm.

The following facts are not in dispute. In 1994, plaintiff was charged in the Weld County Court under § 42-4-1202, C.R.S. (1993 Repl.Vol. 17), now recodified at § 42^-1301, C.R.S. (1995 Cum.Supp.