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People v. Roddy.

2021 CO 74. No. 20SC491. Restitution—Statutory Interpretation—Procedural Deadlines—Plea Agreements.

November 8, 2021


In this case, the Supreme Court addressed whether the 91-day time limit in CRS § 18-1.3-603(1)(b) applies to the prosecution’s determination of proposed restitution or to the court’s entry of the restitution order. Applying People v. Weeks, 2021 CO 75, _ P.3d __, also announced on November 8, 2021, the Court concluded that the 91-day deadline applies to the court’s order regarding the restitution amount. Here, the district court’s order exceeded that 91-day period and was untimely. Although the restitution statute also permits a court to extend the deadline for good cause, the adequacy of the district court’s good-cause finding is not before the Court, so the case was remanded to the Court of Appeals on that issue for application of Weeks.

If that finding is deemed adequate on remand, the district court must address the permissible scope of restitution. Therefore, the Court further held that, absent an agreement between the defendant and the prosecution at the time the plea is entered, a sentencing court may not impose restitution for pecuniary losses proximately caused by conduct exclusively related to dismissed charges.

Accordingly, the Court of Appeals’ judgment was vacated and the case was remanded for further proceedings consistent with this opinion.

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