Menu icon Access the Business Officer Magazine menu by clicking or touching here.
Colorado Lawyer Magazine logo, click or touch this logo to return to the homepage Click or touch the Colorado Lawyer Magazine logo to return to the homepage. Search

Waddell v. People.

2020 CO 39. No. 18SC905. Drug Offense Surcharge—Miscellaneous Surcharges—Imposition After Sentencing Hearing—Punishment—Double Jeopardy.

May 11, 2020


The Supreme Court held that the drug offender surcharge, which is a form of punishment, is statutorily mandated and thus the trial court’s failure to order it in open court rendered defendant’s sentence on his level 1 drug felony conviction illegal and subject to correction at any time pursuant to Crim. P. 35(a). Therefore, the trial court’s imposition of that surcharge after the sentencing hearing did not violate defendant’s rights under the Double Jeopardy Clauses of the US and Colorado Constitutions.

The Court further held that the trial court’s imposition of five other surcharges after the sentencing hearing did not infringe defendant’s double jeopardy rights. Even assuming, without deciding, that these five surcharges constitute punishment, the Court ruled they are statutorily mandated and thus the trial court’s failure to impose them in open court rendered defendant’s sentences illegal and subject to correction at any time pursuant to Crim. P. 35(a).

Official Colorado Supreme Court proceedings can be found at the Colorado Supreme Court website.

Back to the From the Courts Page