2013 COA 121
Colo. Ct. App.2013Background
- Defendant Beau Thomas Russell pleaded guilty to one count of forgery in Colorado.
- Russell's conviction followed false unemployment reporting to obtain benefits totaling $8,821 over two months.
- Trial court entered restitution totaling $5,105.50: $3,821 in improper benefits, $120 in examination fees, and a 50% statutory penalty under CES A.
- Penalty amount was $1,660.60 and was included in the restitution order.
- Russell objected at the restitution hearing to including the statutory penalty.
- Court overruled the objection; the appeal followed seeking review of the penalty inclusion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the CESA penalty be included in restitution? | Russell; the penalty lacks a causal link to restitution. | People; the penalty is mandatory and not subject to inequity consideration. | Penalty cannot be included without causation; improper to include in restitution. |
| Appropriate remedy for improper penalty inclusion? | Restitution should exclude the penalty and be remanded for amendment. | Penally remand or separate criminal/s civil avenues were alternatives; restitution may remain. | Remand to delete the penalty from restitution; no separate order needed. |
Key Cases Cited
- Woollems v. Industrial Claim Appeals Office, 48 P.3d 725 (Colo.App.2001) (defined inequity factors as related to repayment, not proximate-cause for restitution)
- People v. Rivera, 250 P.3d 1272 (Colo.App.2010) (cited for proximate-cause requirement in restitution context)