July 18, 2018

Colorado Supreme Court: Absent Statutorily Authorized Order Reserving Restitution, Final Judgment Finalizes Restitution Amount

The Colorado Supreme Court issued its opinion in People v. Belibi on Monday, April 9, 2018.

Sentencing—Restitution.

The People petitioned for review of the court of appeals’ judgment reversing the amended restitution order of the district court, which substantially increased Belibi’s restitution obligation after his judgment of conviction. See People v. Belibi, No. 14CA1239 (Colo. App. May 14, 2015). Following the acceptance of Belibi’s guilty plea, the imposition of a sentence to probation (including a stipulation to $4,728 restitution), and the entry of judgment, the district court amended its restitution order to require the  payment of an additional $302,022 in restitution. The court of appeals held that in the absence of anything in the court’s written or oral pronouncements reserving a final determination of the amount of restitution, the initial restitution order had become final  and could not be amended. The supreme court affirmed the judgment of the court of appeals. A judgment of conviction, absent a statutorily authorized order reserving a determination of the final amount of restitution due, finalizes any specific amount already set. Therefore, the sentencing court lacked the power to increase restitution beyond the previously set amount of $4,728.

Summary provided courtesy of Colorado Lawyer.

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