In People v. Osborne, 973 P.2d 666 (Colo. App. 1998), the Court found that kidnapping and assault convictions were not established by the same evidence as the corresponding convictions of conspiracy. To prove conspiracy, the prosecution was required to establish that the defendant entered into an agreement to commit the crime, and performed an overt act in furtherance of the agreement. Therefore, identical evidence was not used to prove the defendant's guilt as a complicitor and a conspirator. People v. Osborne, supra.