Cases | People v. Salas, 42 P.3d 68 (Colo. Ct. App. 2001) | 2018
Defendant was charged with second degree assault for allegedly hitting a restaurant patron in the face with a beer bottle. Defendant pled guilty to third degree assault and was sentenced to two years probation. She was also ordered to pay $21,990.89 in restitution. The victim filed a civil suit against both defendant and the restaurant. However, she later dropped her claims against defendant and settled with the restaurant for $ 60,000. Defendant’s probation officer later filed a complaint alleging that defendant failed to meet her restitution obligation and requesting that her sentence be extended to allow payment of restitution. The trial court extended defendant's probationary term by two years and ordered that she continue to make restitution payments commensurate with her ability to do so. On appeal, defendant claimed that: (1) the victim would be unjustly enriched if she were to receive further compensation from defendant because the restaurant already compensated the victim for her injuries; and (2) the trial court abused its discretion in extending her probationary sentence because she made a good faith effort to pay restitution. The appellate court held that: (1) the court was not required to offset the amount of restitution by the amount of the settlement. The record did not reveal, nor did defendant assert, that any portion of the victim's settlement in the civil case was paid by her or on her behalf; and (2) the trial court properly concluded that the least restrictive option would be to extend defendant's probation and thus did not abuse its discretion. The court’s options were limited by the express provisions of Colo. Rev. Stat. § 16-11-204.5.
overruled in part by People v. Kennaugh, 80 P.3d 315 (Colo. 2003) (overruling People v. Salas, 42 P.3d 68 (Colo. Ct. App. 2001) insofar as it holds that a probationary sentence on a misdemeanor may exceed the term of incarceration under former Colo. Rev. Stat. §§ 16-11-101(1) and 16-11-302).
(This case cites former Colo. Rev. Stat. § 16-11-204.5.)