Supreme Court of Colorado
v. People
May 11, 20202020 CO 39
Summary
The court held that the drug offender surcharge and five additional surcharges were statutorily mandated, so their omission from the oral sentencing hearing made the sentences illegal and correctable at any time. Adding the surcharges to the mittimuses after sentencing therefore did not violate double jeopardy, even assuming the five additional surcharges were punitive. The court affirmed the court of appeals but remanded for Waddell to have an opportunity to request waiver of all or part of the surcharges.