People v. Woodward, 11 P.3d 1090 (Colo. 2000)

Cases | People v. Woodward, 11 P.3d 1090 (Colo. 2000) | 2018

Defendant was convicted of embezzlement in 1983. The trial court resentenced defendant in 1991, basing its order on an amended restitution statute that was not in effect at the time of the commission of the crime. Defendant appealed the order. The appellate court found that the trial court’s application of the amended statute violated the Ex Post Facto Clause of the Colorado Constitution. The supreme court held that the appellate court erred in finding that the restitution order violated the Ex Post Facto Clause, and remanded for further proceedings. The trial court ordered defendant to pay full restitution from the beginning. The 1991 court's retroactive application of the amended statute did not increase Woodward's initial liability, but merely redirected his payment obligation.

 

(This case cites former Colo. Rev. Stat. § 16-11-204.5.)