The People of the State of Colorado, Petitioner v. Shannon Nelson, Respondent

Summary

The court held that a criminal trial court lacks authority to refund costs, fees, or restitution paid under a conviction unless a statute expressly authorizes the refund. Because the governing assessment statutes did not authorize refunds and the Exoneration Act provided the exclusive refund procedure, the court concluded that Nelson was not entitled to relief through a post-conviction motion in her criminal case and that due process was satisfied. Justice Hood, dissenting, would have held that the State could not retain money taken under a conviction later shown to be invalid and that the criminal court had jurisdiction to order a refund.