People v. Shepard

The People appeal an order entered by the Douglas County District Court dismissing a charge of wiretapping prohibited, see § 18-9 — 303(l)(e), 6 C.R.S. (1997), against defendant, Stephan Paul Shepard (Shepard). The trial court dismissed the charge because it found the statute unconstitutionally over-broad on its face and as applied to Shepard. We hold that section 18-9-303(l)(e) is constitutional on its face and as applied to Shepard’s alleged conduct. Accordingly, we reverse the judgment of the trial court and remand the ease for further proceedings consistent with this opinion.

I

The People…