Cumhuriyet v. People, 615 P.2d 724 (Colo. 1980)

Cases | Cumhuriyet v. People, 615 P.2d 724 (Colo. 1980) | 2018

Defendant pled guilty to misdemeanor theft arising from her attempt to purchase merchandise with a stolen credit card. The presentence report indicated that the card was used to purchase shoes and socks at another branch of the store earlier the same day. However, defendant was not charged with a crime committed at the branch store. The trial court ordered defendant to pay restitution in an amount of one-half the shoes and socks purchase. On appeal, defendant claimed that Colo. Rev. Stat. § 16-11-204 (repealed 2002) did not authorize restitution in the absence of a showing that the defendant caused injury. The supreme court held that the trial court improperly ordered restitution based on the presentence report. In the absence of additional evidence showing defendant’s responsibility for the store’s injury, restitution for the uncharged theft was not a proper condition of probation.