Johnson v. People.

2025 CO 29. No. 23SC525. Criminal Procedure—CRS § 18-1.3-603—Restitution—Waiver—Directory Statutes—Statutory Rights.

May 27, 2025

The supreme court held that CRS § 18-1.3-603(2)(a), like § 18-1.3-603(1)(b), is not jurisdictional and can be waived. Here, a trial court found that restitution was owed but allowed prosecutors to reserve the issue of the specific amount owed for 91 days, as allowed by § 18-1.3-603. Both Johnson’s plea agreement and stipulation for deferred judgment contemplated that the prosecution would establish a restitution amount within 91 days. That occurred. But after the prosecution provided an amount and the trial court ordered it, Johnson objected to the amount and requested a hearing outside of the 91-day deadline. Under these circumstances, the court concluded that Johnson waived his arguments that the trial court violated his statutory rights by (1) allowing the prosecution to reserve the issue of a restitution amount, and (2) failing to enter a final order on restitution within the 91-day statutory deadline. Accordingly, the court affirmed the judgment of the division below.