People v. Gore, 774 P.2d 877 (Colo. 1989)

Cases | People v. Gore, 774 P.2d 877 (Colo. 1989) | 2018

Defendant pled guilty to criminal attempt to commit fraud by check and was ordered to pay restitution as a condition of probation. Defendant paid restitution three days before expiration of his probation term by signing over a check drawn on an account with insufficient funds. Defendant’s probation officer filed a complaint in trial court asserting that defendant had violated conditions of probation by not paying restitution. The trial court held that it lacked jurisdiction to order an extension of probation. The State appealed. The supreme court held that the court lacks statutory authority to conduct a revocation hearing after probation has been terminated. The relevant statutes provide remedies for “last-minute” probation violators. The legislature provided in Colo. Rev. Stat. § 16-11-204.5 (repealed) for assessment of a charge for collection of bad checks, and procedures for extension of probation are available under the probation statute. If the legislature had intended that a probation term be automatically extended for collection of restitution checks, it could have included such a provision in the restitution statute.

(This case cites former Colo. Rev. Stat. §§ 16-11-204 and 16-11-204.5.)