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People v. Yascavage

101 P.3d 1090 (2004)

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People v. Yascavage

Colorado Supreme Court

101 P.3d 1090 (2004)

Facts

In April 2000, Larriane Collier was granted a restraining order against her ex-boyfriend, Daniel P. Yascavage (defendant). However, Yascavage continued to contact Collier, and he was eventually arrested. The State of Colorado (plaintiff) charged Yascavage with domestic violence and harassment. While in custody, Yascavage called his friend, suggesting that if someone prevented Collier from testifying, then the state would drop the charges. The conversation was recorded by the sheriff’s office. The state added to Yascavage’s charges the offense of criminal solicitation to tamper with a witness or victim. At trial, Collier testified against Yascavage. Collier’s testimony was voluntary. Collier had not been legally summoned and had no legal obligation to testify. Yascavage was found guilty of all charges. Yascavage appealed all the convictions. In response to the tampering conviction, Yascavage appealed on the ground that the penal statute required that the witness was legally summoned to appear in court. The court of appeals agreed and vacated the conviction. The matter was appealed again. The Colorado Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Kourlis, J.)

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