People v. Roberson.

2025 CO 30. No. 23SC622. Criminal Procedure—Restitution—CRS § 18-1.3-603—Waiver—Statutory Rights.

May 27, 2025

The supreme court held that a defendant waived her statutory right to have a restitution amount ordered within 91 days of sentencing under CRS § 18-1.3-603(1)(b). This is because Roberson did not object when a trial court scheduled a status conference to set the amount of restitution outside of the 91-day period, requested numerous continuances thereafter, and did not attempt to assert her statutory right until nearly a year after the 91-day deadline had passed. These facts are distinct from People v. Weeks, 2021 CO 75, 498 P.3d 142, where the court vacated a defendant’s restitution order because it violated the statute and that defendant had timely asserted his right to have restitution set within 91 days absent a showing of good cause. Accordingly, the court concluded that Roberson’s restitution order could not be vacated, and it reversed the judgment of the division below.