Snow v. People.

2025 CO 32. No. 23SC775. Restitution—CRS § 18-1.3-603—Postconviction Proceedings—Illegal Manner—Illegal Sentence—Crim. P. 35(a)—Crim. P. 32—People v. Weeks—Meza v. People

May 27, 2025

The supreme court held that the district court’s deferral of the issue of restitution in its entirety at Snow’s sentencing hearing did not qualify as one of the restitution orders enumerated in CRS § 18-1.3-603(1). Therefore, Snow received an illegal sentence that may be corrected at any time.
The court further held that, although People v. Weeks, 2021 CO 75, 498 P.3d 142, is factually distinguishable because it involved a restitution order issued pursuant to § 18-1.3-603(1)(b), that case nevertheless sheds light on the appropriate remedy to correct Snow’s illegal sentence here. Guided by Weeks, the court concluded that the sole remedy consistent with the legislative intent behind § 18-1.3-603(1) is vacatur of the untimely post-sentencing restitution order and entry of an order pursuant to § 18-1.3-603(1)(d) that there is no restitution. Because a division of the court of appeals upheld the post-sentencing restitution order, the court reversed its judgment and remanded with instructions to return the case to the district court so that it may vacate the post-sentencing restitution order and enter an order of no restitution.