Cases | People v. Borquez, 814 P.2d 382 (Colo. 1991) | 2018
Defendant was employed as a store cashier. Defendant was caught bagging merchandise without ringing up items and the merchandise was recovered from the customer. Defendant admitted to giving away merchandise on prior occasions in exchange for money from customers and provided an extensive list of the merchandise. Defendant was charged with theft and attempted theft and was ordered to pay restitution for the uncharged offenses as a condition of probation. Defense counsel objected on the grounds that the uncharged offenses were not part of the plea agreement and that the store incurred no damage as a result of the charged conduct. The appellate court held that the trial court exceeded its jurisdiction in ordering restitution for thefts to which defendant did not plead guilty. The supreme court reinstated the restitution order. Restitution as a condition of probation is intended to make the victim whole and prevent profit from crime. Defendant acknowledged her criminal conduct and the store’s resulting pecuniary loss, and the plea agreement was based on a series of thefts.
(This case cites former Colo. Rev. Stat. § 16-11-204.5.)