People v. Richardson

The People appeal an order entered by the Boulder County District Court dismissing a charge of wiretapping prohibited, see § 18-9-303(l)(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. 2 (Dist. Ct. Douglas County, Apr. 15, 1998). The trial court also held that section 18-9-303 violates the Equal Protection Clause of the United States and Colorado Constitutions because it sets different…