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People v. Mickey.

2023 COA 106. No. 21CA1407. Sentencing—Assessment of Restitution—Good Cause to Extend Trial Court’s Deadline—Harmless Error.

November 9, 2023

Mickey pleaded guilty to second-degree burglary and vehicular eluding. More than 250 days after his sentencing hearing, the district court ordered Mickey to pay restitution of $15,000 for unrecovered stolen property. The district court did not make an express finding of good cause to determine restitution past the 91-day statutory deadline.

On appeal, Mickey argued that the restitution order must be vacated because it was untimely under CRS § 18-1.3-603(1)(b). Section 18-1.3-603(1)(b) requires courts to determine restitution within 91 days after sentencing unless the court expressly finds good cause to extend the deadline before it expires. Here, 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. Further, this error is not harmless because it affected Mickey’s substantial rights.

The judgment was affirmed.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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