PEOPLE OF CITY OF AURORA v. ALLEN

No. 93SC132.

885 P.2d 207 (1994)

The PEOPLE OF the CITY OF AURORA, By and on Behalf of the STATE of Colorado, Petitioner, v. Robert W. ALLEN, Respondent.

Supreme Court of Colorado, En Banc.

June 20, 1994.


Attorney(s) appearing for the Case

Charles H. Richardson, Stephen R. Ruddick, Robert Davis Beard, Aurora, for petitioner.

The Law Firm of Leonard M. Chesler, Rodney Allison, Laird Blue, Denver, for respondent.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Laurie A. Booras, Asst. Atty. Gen., Crim. Enforcement Section, Denver, for amicus curiae State.

Schoenwald & Lewis, P.C., Forrest W. Lewis, Denver, for amicus curiae CO Crim. Defense Bar.

Haddon, Morgan & Foreman, P.C., Ty Gee, Denver, for amicus curiae Aurora Mun. Court Public Defender's Office.


Justice VOLLACK delivered the Opinion of the Court.

The defendant, Robert W. Allen (Allen), was arrested, charged, and later convicted of soliciting oral sex from an undercover Aurora police officer posing as a prostitute. The solicitation was monitored by other police officers and recorded on audio tape. The tape was reused in the course of subsequent transactions, and was not preserved as evidence.

Because the tape was not available, the trial court sanctioned...

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