Legal Opinion

People v. Baer

Supreme Court of Colorado

Decided January 25, 1999No. 97SA426Published

1Opinion of the CourtJustice Martinez

The People appeal an order entered by the Moffat County District Court dismissing the case against David Richard Baer. The People charged Baer with two counts of harassment by stalking in violation of section 18-9-lll(4)(a)(II), 6 C.R.S. (1998). The trial court dismissed the charges because it found the statute unconstitutionally overbroad and unconstitutionally vague. We conclude that section 18-9-lll(4)(a)(II) is constitutional both on its face and as applied to Baer’s alleged conduct. Accordingly, we reverse the judgment of the trial court and remand the case for further proceedings.

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2Cases cited30 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. New York v. FerberSupreme Court of the United States · 1982

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