 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Yascavage11/30/2004
JUDGMENT AFFIRMED
EN BANC
JUSTICE COATS dissents.
In this case, the People appeal a decision by the court of appeals vacating Daniel P. Yascavage's conviction for the crime of tampering with a victim or witness by criminal solicitation. The court of appeals reversed the conviction for insufficient evidence because it concluded that section 18-8-707, C.R.S. (2004) (the "tampering statute"), requires proof that the victim or witness with whom the defendant tampered had been legally summoned to a proceeding. We granted certiorari in People v. Yascavage, 80 P.3d 899 (Colo. App. 2003) to determine whether section 18-8-707, requires that the victim or witness with whom the defendant allegedly tampered was legally summoned and whether the general assembly intended "legally summoned" to mean "subpoenaed" or "subject to legal process."
Section 18-8-707 does not require a victim or witness to be "legally summoned" or subject to any legal process when the defendant is charged under subsections (1)(a) or (1)(c) of the statute. We do conclude, however, that when a defendant is charged under subsection (1)(b), the plain meaning of the statute requires that the victim or witness has been legally summoned to an official proceeding. Consistent with our precedent and the statute, we construe "legally summoned" to mean that the witness be under some obligation to the court to appear and testify but not necessarily be under subpoena. We therefore hold that when the prosecution charges the defendant with a violation of section 18-8-707(1)(b), it must present evidence that the defendant attempted to induce a witness or victim to absent themselves from a proceeding to which he or she had been "legally summoned." The prosecution failed to present such evidence in this case. Therefore, we affirm the court of appeals' decision vacating the tampering by criminal solicitation conviction.
I. Facts and Procedural History
Larriane Collier and Daniel P. Yascavage met in May of 1999. After several months of an "on-again-off-again" relationship, Collier sought to terminate the relationship and obtained a restraining order against Yascavage in April, 2000. Yascavage continued contacting Collier until he was arrested on charges of harassment and domestic violence in May, 2000.
While Yascavage was in custody awaiting trial he telephoned a friend and said the charges against him might be dropped if someone "got to" Collier and she failed to show up for court. The Adams County Sheriff's office recorded this telephone conversation. Yascavage was charged with criminal solicitation to tamper with a witness or victim. See § 18-2-301, C.R.S. (2004); § 18-8-707, C.R.S. (2004).
Jury trial commenced on March 12, 2001 on three counts of harassment by stalking, three counts of violation of a restraining order, and criminal solicitation to tamper with a victim or witness. Collier testified against the defendant at trial but there is no evidence that she was under subpoena at the time. The trial court instructed the jury on the elements of criminal solicitation and the elements of tampering with a witness or victim as it pertains to section 18-8-707(1)(b) as follows:
hat the defendant . . . intentionally attempted without bribery or threats . . . to induce a witness or victim or a person who he believed was to be called as a witness in any official proceeding . . . to absent herself from any official proceeding to which she had been legally summoned.
On March 14, 2001, the jury returned guilty verdicts on one count of harassment by stalking, two counts of violation of a restraining order, and criminal solicitation to commit tamp
Page 1 2 3 4 5 6 7 8 Colorado DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|