People v. King
In People v. King, 121 P.3d 234, No. 02CA0201, 2005 WL 170727, at 5 (Colo. Ct. App., Jan 27, 2005), the Colorado Court of Appeals elucidated:
"Classification of a statement as an excited utterance, while not dispositive, supports a conclusion that a statement is nontestimonial. An excited utterance by definition is one made before the declarant has had an opportunity to reflect on the event. Therefore, it is consistent with the definition of an excited utterance to conclude that it is not a statement which a declarant would reasonably believe at the time it was made might later be used at trial."