Supreme Court of Colorado
The People of the State of Colorado, Petitioner v. Shannon Nelson, Respondent
December 21, 2015362 P.3d 1070
Summary
The court held that a criminal trial court lacked authority to refund costs, fees, or restitution paid under a conviction that was later overturned and followed by an acquittal because no applicable statute authorized such a refund. The court determined that the Exoneration Act provides the exclusive procedure for seeking reimbursement and that requiring use of that procedure does not violate due process. The court reversed the court of appeals and remanded for proceedings consistent with its opinion. Justice Hood, dissenting, would have held that the criminal court had ancillary jurisdiction to order a refund and that retaining money taken under an invalid conviction violated due process.