July 18, 2019

Colorado Supreme Court: Annotation “RR” on Form Guilty Plea Insufficient to Reserve Final Restitution

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


Meza petitioned for review of the judgment of the district court (sitting as the court of direct appellate review pursuant to the simplified procedure for county court convictions), which affirmed the county court’s order granting a motion for additional restitution. See People v. Meza, No. 14CV33017 (Denver Dist. Ct. May 15, 2015). The county court ordered the requested additional amount of restitution, finding that the victim had suffered a loss of $936.85 that was not known to the People nor the court at sentencing, when restitution was initially, but not finally, set at $150. On appeal, the district court found that the annotation “RR” on the form guilty plea was sufficient to reserve the final amount of restitution and that the record supported the county court’s finding of an additional loss not known at sentencing; and it therefore affirmed the increase as having been sanctioned by C.R.S. § 18-1.3-603(3)(a). The supreme court reversed the district court’s judgment and remanded the case to the district court with directions to order reinstatement of the $150 restitution order entered prior to judgment of conviction. A judgment of conviction, absent a statutorily authorized order reserving a determination of the final amount of restitution, finalizes any specific amount already set. Because the court ordered no reservation in this case, it lacked the power to increase the amount of restitution it had previously set.

Summary provided courtesy of Colorado Lawyer.

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