Valenzuela v. People, 893 P.2d 97 (Colo. 1995)

Cases | Valenzuela v. People, 893 P.2d 97 (Colo. 1995) | 2018

Defendant received AFDC and food stamps while employed. Defendant pled guilty to attempted theft and was ordered to pay restitution as a condition of probation. Defendant challenged the court's authority to add interest to the restitution amount. The appellate court found that interest may be assessed in a welfare fraud case if the County Department of Social Services actually suffered a loss. However, the court remanded because the sentencing court failed to consider defendant's ability to pay. Defendant petitioned for review of the award of interest, and the supreme court granted certiorari. The supreme court held that interest may be charged as part of restitution with respect to both the AFDC and food stamp benefits, but that the trial court must reassess the amount of interest charged on the food stamp benefits because interest should accrue only from the time of actual injury. The Department would suffer actual loss only when it reimbursed the federal government for the fraudulently obtained food stamps.

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