2013 COA 38
Colo. Ct. App.2013Background
- Police contacted defendant at home after tenant alleged harassment; defendant resisted and was tasered during arrest.
- Defendant was transported to hospital for treatment before booking; later to Summit County Jail.
- Hospital billed the department $2,717 for medical care related to the arrest and tasering.
- Defendant pled guilty to four counts; district court granted prosecution-cost recovery and gave 10 days to object.
- Defendant objected; district court reaffirmed its ruling; court held hospital costs could be costs of prosecution.
- Court vacated the hospital-cost ruling and remanded to reduce total fines and costs by $2,717.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May hospital costs be recovered as costs of prosecution? | Ferguson contends costs are direct result of prosecution. | Sinoveie argues costs incurred before charges/pre-prosecution aren’t prosecution costs. | No; not a valid cost of prosecution. |
| Are hospital costs recoverable as cost of care under 18-1.3-701(4)? | Costs fall within 'cost of care' since custody occurred. | Custody/sentencing not yet occurred when care was provided. | No; not a cost of care under the statute. |
Key Cases Cited
- People v. Fisher, 539 P.2d 1258 (Colo. 1975) (costs in criminal cases taxed by statute)
- Leadville Water Co. v. Parkville Water Dist., 486 P.2d 659 (Colo. 1967) (costs must be authorized by statute)
- People v. T.R., 860 P.2d 559 (Colo.App.1993) (assessing costs is a matter of statute)
- People v. Palomo, 272 P.3d 1106 (Colo.App.2011) (costs of prosecution attributable to particular charges; pre-filing costs not recoverable)
- Scoggins v. Unigard Ins. Co., 869 P.2d 202 (Colo.1994) (statutory interpretation; recovery of costs related to prosecution)