Cases | People v. Tipton, 973 P.2d 713, (Colo. Ct. App. 1998) | 2018
At the time of defendant’s arrest, the police took $1180 in cash from her and placed it in custody of the police department. Defendant pled guilty to attempting to commit a first degree assault and was ordered to pay restitution to the victim and to the sheriff’s department. Defendant filed a motion requesting return of the cash. The trial court ordered that the funds be paid to the victim and to the sheriff. On appeal, defendant claimed that the parole board rather than the trial court has authority to direct the manner and time for payment of restitution and costs. The appellate court held that the order was proper. Absent the superintendent's action, there was nothing that would indicate that Colo. Rev. Stat. § 16-11-101.6 was intended to divest the sentencing court of authority to entertain otherwise proper civil execution requests with respect to property or funds that would not be subject to the superintendent's prospective order. Further, if the court's previous orders for payment of restitution and costs were treated as civil judgments, the court's order was expressly authorized by the rules of civil procedure.