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v. Weeks

Citation: 2020 COA 44Docket: 19CA0255, People

Court: Colorado Court of Appeals; March 19, 2020; Colorado; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of *People v. Weeks*, the Colorado Court of Appeals addressed the timeliness of restitution orders under section 18-1.3-603, C.R.S. 2019. The defendant, convicted of multiple robbery counts, challenged a restitution order issued eleven months post-sentencing, arguing the court lacked authority to do so without demonstrating good cause for the delay. The court had initially left restitution open for ninety-one days post-sentencing, with the prosecution later requesting $524.19 without seeking a hearing. The court took no action on the restitution for over seven months. Ultimately, the court reversed the restitution order, emphasizing that the statutory ninety-one-day limit requires good cause to extend, which was absent in this case. The court's decision to vacate the restitution order was met with a dissent arguing for a more flexible interpretation of the statute to fulfill its legislative intent of compensating crime victims, highlighting that the ninety-one-day limit should not be viewed as a jurisdictional barrier. The majority underscored that adherence to the statutory deadline is crucial for maintaining the restitution process's integrity, which prompted a remand for further proceedings.

Legal Issues Addressed

Legislative Intent of Restitution Statute

Application: The statute aims to ensure justice for crime victims, and a strict interpretation that precludes restitution due to timing conflicts with legislative intent.

Reasoning: The legislative intent aims to ensure justice for crime victims, and a strict interpretation that leads to an absurd outcome is inappropriate.

Restitution Orders Post-Remand

Application: The ninety-one-day deadline for restitution does not apply to determinations made after an appeal and remand.

Reasoning: In People v. Turecek, the court determined that the restitution statute's ninety-one-day deadline is not applicable to restitution determinations made after an appeal and remand.

Standard of Review for Good Cause Determination

Application: The determination of good cause for extending the restitution deadline is subject to an abuse of discretion standard.

Reasoning: The court clarified that the proper interpretation of the restitution statute is a legal question reviewed de novo, while the determination of good cause for extending the deadline is subject to an abuse of discretion standard.

Timeliness of Restitution Orders under Section 18-1.3-603

Application: The court ruled that restitution orders must be issued within ninety-one days post-conviction unless good cause is demonstrated.

Reasoning: The majority ruled that under section 18-1.3-603, C.R.S. 2019, courts must issue restitution orders within ninety-one days unless good cause is shown, clarifying that the prosecution's request for extra time does not qualify as such.