People v. Hoisington, 902 P.2d 887 (Colo. Ct. App. 1995)

Cases | People v. Hoisington, 902 P.2d 887 (Colo. Ct. App. 1995) | 2018

Defendant pled guilty to second degree forgery and was ordered to pay restitution to his employer. The trial court reduced the amount of restitution by $400, the amount of unpaid wages owed defendant from the date of her last paycheck to the date of termination. On appeal, the prosecution asserted that Colo. Rev. Stat. § 16-11-204.5 (repealed) did not provide for setoffs. The appellate court affirmed the restitution order. While the statute does not mandate receipt of evidence that would constitute an affirmative defense or a setoff in a civil proceeding, the trial court has a duty to order restitution of only the actual damages sustained. Further, the trial court’s findings relative to unpaid wages were supported by competent evidence.

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