People v. Strock, 931 P.2d 538 (Colo. Ct. App. 1996)

Cases | People v. Strock, 931 P.2d 538 (Colo. Ct. App. 1996) | 2018

Defendant pled guilty to unlawful possession of a controlled substance. Following imposition of the sentence but before entry of the restitution order, defense counsel moved for return of funds seized from defendant at the time of arrest. The trial court ordered that the seized funds be turned over to it in order to satisfy a portion of the restitution amount. Defendant appealed. The appellate court reversed the order requiring that the seized funds be turned over to the court for release to victim. The court also reversed the order denying defendant's motion for return of the funds and remanded for reconsideration of the motion. The trial court's order was not authorized by statute because the manner and time of payment of restitution was exclusively within the parole board’s jurisdiction. Further, there were no allegations that the funds seized from were the fruit of, or connected to, illegal activity.