People v. Cunefare, 85 P.3d 594 (Colo. Ct. App. 2003)

Cases | People v. Cunefare, 85 P.3d 594 (Colo. Ct. App. 2003) | 2018

Defendant was charged with assault and other crimes arising from a domestic assault complaint by the victim. Defendant was subsequently convicted of tampering with a witness and forgery in connection with two recantation letters allegedly sent by the victim to the prosecutor before trial. The first letter stated that the victim did not tell the truth about the domestic assault incident. The victim asserted that she signed the first letter out of fear and that defendant signed her name to the second letter. Defendant appealed. The appellate court held that: (1) evidence was insufficient to support a conclusion by a reasonable doubt that defendant was guilty of the tampering with a witness charge. The offense of tampering with a witness under Colo. Rev. Stat. § 18-8-707 requires that defendant attempt to interfere with actual testimony anticipated to be offered at a proceeding where witnesses are sworn. The first letter was not sworn and did not consist of testimony. The record disclosed that defendant’s sole goal was to persuade the prosecutor to drop charges, rather than to induce the victim to testify falsely; and (2) a false letter seeking the prosecutor’s sympathy cannot constitute forgery under Colo. Rev. Stat. § 18-5-102(1)(c). The second letter created no legal right or obligation because the victim had no legal right to have the charges dismissed or brought in the first instance.

rev’d and remanded, People v. Cunefare, 102 P.3d 302, 2004 Colo. LEXIS 943 (Colo. 2004).