Cases | People v. Harman, 97 P.3d 290 (Colo. Ct. App. 2004) | 2018
Defendant pled guilty to organized crime. Pursuant to Colo. Rev. Stat. § 18-1.3-601, the trial court granted the prosecutor ninety days in which to file a motion for restitution. The trial court denied the motion on the basis that it was filed one day late. However, the court granted a motion for reconsideration and subsequently ordered defendant to pay restitution. On appeal, defendant claimed that: (1) the trial court erred in granting the motion to reconsider; (2) imposition of restitution after reconsideration violated defendant’s rights to be free from double jeopardy under the federal and state constitutions; and (3) the trial court erred by finding that good cause was established. The appellate court held that: (1) the ninety day deadline of § 18-1.3-601 did not prevent the court from reconsidering the motion for restitution because it was not a jurisdictional limit; (2) the trial court may defer determination of the amount of restitution to a later hearing without violating double jeopardy; and (3) the prosecution satisfied its burden with respect to good cause. Defendant did not contest that restitution amounts from one victim were not available within the ninety-day deadline, and defendant provided no authority suggesting that the trial court abuses its discretion by waiting until restitution amounts are available.