McCarty v. People, 874 P.2d 394 (Colo. 1994)

Cases | McCarty v. People, 874 P.2d 394 (Colo. 1994) | 2018

Defendant pled guilty to theft and was granted a two-year deferred judgment conditioned upon her agreement to pay restitution and to report to her probation officer. Upon defendant’s failure to comply with the conditions, the trial court revoked the deferred judgment and sentenced defendant to probation for five years. Defendant again violated conditions of probation and the trial court resentenced her to probation for sixteen years, with the requirement that she pay restitution as previously agreed. On appeal, defendant claimed that the trial court erred in reimposing the restitution order without making a specific finding regarding her ability to pay. The court held that a trial court may immediately resentence a defendant after revocation of probation without holding a new sentencing hearing, and may reimpose restitution in accordance with a plea agreement without making a factual finding that the defendant has the ability to pay. Defendant agreed to make restitution on several occasions and the trial court considered defendant’s economic situation in extending the payment period to sixteen years.

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