People v. Maxich, 971 P.2d 268 (Colo. Ct. App. 1998)

Cases | People v. Maxich, 971 P.2d 268 (Colo. Ct. App. 1998) | 2018

Defendant was charged with theft and forgery for embezzling over $285,000 from her employer, approximately $155,000 of which was stolen by means of forged checks. Defendant pled guilty to forgery. The trial court ordered defendant to pay $244,860.61 in restitution to her former employer as a condition of probation. The court also ordered defendant to pay $155,000 to the bank. On appeal, defendant claimed that the trial court’s order must be set aside because it conflicted with a release from liability contained in a civil settlement with her former employer. The appellate court held that a release from liability obtained in a civil settlement cannot limit a criminal court’s authority to order restitution equivalent to actual pecuniary damages. Colo. Rev. Stat. § 16-11-204.5 (repealed) mandates restitution in every criminal case in which the defendant is sentenced to probation. Under the statute, the court must first determine the total amount of the victim’s actual pecuniary damages and then subtract from that amount any proceeds attributable to those damages received by the victim from the settlement of the civil claim. Defendant conceded that the victim would not be unjustly enriched because the trial court offset the restitution amount paid to settle the civil case.

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