People v. Hupke.

2024 COA 73. No. 23CA0106. Attempt to Influence a Public Servant—By Means of Deceit—Sufficiency of Evidence.

July 11, 2024

Hupke was on parole when he was arrested on unrelated charges and held in the county jail on a parole hold. One of the conditions of his parole required that he obtain permission from his parole officer before changing residences. While in jail, Hupke had conversations with his mother by phone that were recorded. During these conversations, Hupke admitted that he had changed residences without his parole officer’s permission, and he told his mother to contact his parole officer about lifting the parole hold without mentioning that he had moved. Hupke suggested that his mother tell the parole officer he was planning to move to a different apartment in the same complex, and his mother followed his suggestion. Hupke was convicted of attempt to influence a public servant in violation of CRS § 18-8-306.

On appeal, Hupke argued that there was insufficient evidence to support his conviction because the language “by means of deceit” in CRS § 18-8-306 requires an offender to personally deceive a public servant, and the prosecution presented no evidence that he personally deceived a public servant. However, CRS § 18-8-306 does not require the offender to commit the deception themselves; rather, it requires that the offender use a plan or method to deceive the public servant. Here, evidence that Hupke asked his mother to lie to his parole officer in an attempt to persuade the parole officer to lift a hold was sufficient to sustain the conviction for attempt to influence a public servant.

The judgment was affirmed.

The full opinion is available at https://www.coloradojudicial.gov/system/files/opinions-2024-07/23CA0106-PD.pdf.