July 23, 2019

Colorado Supreme Court: District Court May Collect Unpaid Restitution After Completion of Deferred Sentence

The Colorado Supreme Court issued its opinion in Pineda-Liberato v. People on Monday, October 2, 2017.

Sentencing—Deferred Sentences—Restitution—Court Costs and Fees.

This case required the supreme court to determine whether the district court had the authority to continue to collect unpaid restitution, court costs, and fees ordered as conditions of petitioner’s deferred sentence after the completion of that deferred sentence. The court concluded that the district court may collect any unpaid restitution from petitioner after the completion of her deferred sentence, until the restitution has been paid in full. With respect to the unpaid fees and costs, however, the court concluded that the district court lacked the authority to collect such unpaid amounts after it terminated petitioner’s deferred sentence, withdrew her guilty plea, and dismissed her case with prejudice. Accordingly, the court affirmed the district court’s orders in part and reversed in part.

Summary provided courtesy of Colorado Lawyer.

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