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PEOPLE v. SHEPARD

No. 98SA205.

983 P.2d 1 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Stephan Paul SHEPARD, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 28, 1999.

Attorney(s) appearing for the Case

James J. Peters, District Attorney, Eighteenth Judicial District, John Topolnicki, Chief Deputy District Attorney, Joo-Yung (J.Y.) Kang, Englewood, Colorado, Attorneys for Plaintiff-Appellant.

Seawell, Gilbertson, & Graf, Malcom B. Seawell, Vincent D. Buckmelter, Denver, Colorado, Attorneys for Defendant-Appellee.

Chief Justice MULLARKEY delivered the Opinion of the Court.

The People appeal an order entered by the Douglas County District Court dismissing a charge of wiretapping prohibited, see § 18-9-303(1)(e), 6 C.R.S. (1997), against defendant, Stephan Paul Shepard (Shepard). The trial court dismissed the charge because it found the statute unconstitutionally overbroad on its face and as applied to Shepard. We hold that section 18-9-303(1)(e) is constitutional...

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