Supreme Court of Colorado

Jared Cowen, Petitioner v. the People of the State of Colorado, Respondent.

December 10, 2018431 P.3d 215

Summary

The court held that Colorado's restitution statutes do not authorize restitution for losses caused by conduct underlying a charge of which the defendant was acquitted, even when the defendant was convicted of a separate charge. It further concluded that the contrary interpretation would violate procedural due process because an acquittal preserves the presumption of innocence as to that charge. The court reversed the court of appeals and remanded for further proceedings consistent with its opinion.