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PEOPLE v. YASCAVAGE

No. 03SC559.

101 P.3d 1090 (2004)

The PEOPLE of the State of Colorado, Petitioner, v. Daniel P. YASCAVAGE, Respondent.

Supreme Court of Colorado, En Banc.

November 30, 2004.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Patricia R. Van Horn, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, for Petitioner.

David S. Kaplan, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, for Respondent.

KOURLIS, Justice.

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.1 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...

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