People v. Fichtner, 869 P.2d 539 (Colo. 1994)

Cases | People v. Fichtner, 869 P.2d 539 (Colo. 1994) | 2018

Defendant was convicted of third-degree assault and menacing, arising from an incident in which co-defendant shot and punctured a tire on the victim’s truck. The trial court held that defendant was jointly responsible for damage to the truck tire caused by co-defendant during their joint criminal activity, and ordered defendant to pay restitution for damages to the tire. The appellate court held that a defendant is not jointly liable for restitution when the damage was caused by his co-defendant. The State appealed. The supreme court held that a co-defendant is jointly responsible for restitution when he is also a complicitor in the crime. Defendant and co-defendant were responsible for damage caused by the other.