August 21, 2019

Colorado Supreme Court: Request to Change Restitution Payee Is Not New Restitution Request

The Colorado Supreme Court issued its opinion in Johnson v. People on Monday, September 12, 2016.

Restitution.

This case presents the narrow question of whether the People’s motion to change a restitution payee from one victim identified in a restitution order to other victims identified therein (whom the first victim was obliged to pay but did not pay) constitutes a new restitution request that must comply with the statutory requirements for making restitution requests. The county court rejected petitioner’s argument that the People’s request to change the restitution payee was effectively a new restitution request and was untimely, and it granted the People’s motion to change the restitution payee. The district court affirmed on appeal, and the Supreme Court then granted certiorari. Like the district court, the Court concluded that on the facts presented here, the People’s motion to change the restitution payee did not constitute a new restitution request. Accordingly, the Court affirmed.

Summary provided courtesy of The Colorado Lawyer.

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