People v. Moyer.

NEIGHBORS, Justice.

The defendant, Mark Moyer (also known as Marc Garfield), was charged by a grand jury indictment filed in the District Court of El Paso County with two counts of charitable fraud 1 and one count of tamper ing with a witness. 2 The trial court found the charitable fraud statute to be unconstitutionally vague, chiefly because the term “primary benefit” is subject to widely varying interpretations and the statute does not fairly describe the prohibited conduct. The district court also found that probable cause did not exist to support the charge of tampering with a witness. The…