Whimbush v. People

The petitioner, Roy W. Whimbush, was convicted of criminal extortion pursuant to section 18-3-207(1), 8B C.R.S. (1986). The Colorado Court of Appeals affirmed his conviction in an unpublished opinion, People v. Whimbush, No. 90CA2071 (Colo.App. July 16, 1992). We granted certiorari to consider whether section 18-3-207(1) is unconstitutionally overbroad, whether the trial court erred by denying a proposed jury instruction defining “threat,” and whether the trial court erred by denying Whimbush’s motion for judgment of acquittal when the prosecutor presented no evidence that Whimbush acted…