Description:

Grand Junction, Colorado second degree burglary and vehicular eluding criminal defense lawyer represented the Defendant.

Mickey pleaded guilty to second degree burglary and vehicular eluding. On October 7, 2020, he was sentenced to six years in the custody of the Colorado Department of Corrections. On June 29, 2021, more than 250 days after the sentencing hearing, the district court ordered Mickey to pay restitution for unrecovered stolen property. The district court did not make an express finding that there was good cause to determine restitution more than ninety-one days after the sentencing hearing.2 See § 18-1.3-603(1)(b), C.R.S. 2023.

Outcome: In sum, the district court’s authority to enter restitution was not extended or restored by a waiver. Thus, it lacked the authority to enter the restitution order—which, by definition, is not harmless.

People v. Mickey, 543 P.3d 430 (Colo. App. 2024)

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Defendant's Experts:

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