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PEOPLE v. RICHARDSON

No. 98SA330.

983 P.2d 5 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Eugene RICHARDSON, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 28, 1999.

Attorney(s) appearing for the Case

Alexander M. Hunter, District Attorney, Twentieth Judicial District, D.D. Mallard, Deputy District Attorney, William F. Nagel, Deputy District Attorney, Boulder, Colorado, Attorneys for Plaintiff-Appellant.

Mark T. Langston, P.C., Mark T. Langston, Boulder, Colorado, Attorneys for Defendant-Appellee.

Chief Justice MULLARKEY delivered the Opinion of the Court.

The People appeal an order entered by the Boulder County District Court dismissing a charge of wiretapping prohibited, see § 18-9-303(1)(e), (2), 6 C.R.S. (1997), against defendant, Eugene Richardson. The trial court dismissed the charge because it found the statute unconstitutionally overbroad on its face relying on the decision of the trial court in People v. Shepard, 97 CR 508, Div....

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