People v. Apodaca, 998 P.2d 25 (Colo. Ct. App. 1999)

Cases | People v. Apodaca, 998 P.2d 25 (Colo. Ct. App. 1999) | 2018

Defendant was convicted of third degree assault. The trial court sentenced defendant to two years in the county jail and payment of $9073.52 in restitution. On appeal, defendant claimed that the trial court lacked authority to order restitution because he was sentenced to incarceration rather than conditional release. The appellate court held that the trial court did not exceed its authority in ordering restitution. When the statutory scheme resulting from the 1996 amendment to Colo. Rev. Stat. § 16-11-102(4) was read as a whole, it evidenced an intent to have courts enter restitution orders even where a defendant is sentenced to incarceration. As to defendant’s concern about the accumulation of late payment penalty fees, Colo. Rev. Stat. § 16-11-101.6 (repealed) permitted the trial court to waive or suspend such fees if defendant lacked financial resources to pay them.