People v. Brigner, 978 P.2d 163 (Colo. Ct. App. 1999)

Cases | People v. Brigner, 978 P.2d 163 (Colo. Ct. App. 1999) | 2018

The victim sold a dairy farm to defendant and retained a security interest in the dairy cattle on the farm. Defendant sold the cattle for beef after they became ill and were no longer able to produce milk. Defendant received less than he would have had he been able to sell the cattle as diary cattle. Defendant pled guilty to defrauding a secured creditor and was ordered to pay restitution in an amount representing the market value of the cattle at the time of purchase less payments made by defendant. Defendant objected on the basis that restitution should be based on the fair market value of the cattle at the time of purchase. The trial court affirmed the restitution order and defendant appealed. The appellate court vacated the award and remanded to correct the amount. Defendant is criminally liable only for loss resulting from his criminal conduct. The charges against defendant were based on his unauthorized sale of the cattle, rather than negligence or mismanagement prior to the sale. While the victim possibly had a civil remedy against defendant to recover the balance owed, restitution is a criminal penalty and may not be used as a substitute for a civil action for damages.

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