Supreme Court of Colorado

Karla Pineda-Liberato, Petitioner v. the People of the State of Colorado, Respondent

October 2, 2017403 P.3d 160

Summary

The court held that a restitution obligation imposed in connection with a deferred sentence survives completion of the deferred sentence and dismissal of the criminal case, allowing continued collection until paid in full. It held, however, that unpaid court costs and fees do not survive termination of the deferred sentence and dismissal with prejudice because the governing statutes contain no comparable survival provision. The court therefore affirmed in part, reversed in part, and remanded for further proceedings. Justice Coats, joined by Justice Eid, concurred in part and dissented in part, concluding that the pre-2014 statutes did not permit continued collection of restitution after the guilty plea was withdrawn and the charges were dismissed.