Supreme Court of Colorado

v. People

May 11, 20202020 CO 38

Summary

The court held that the drug offender surcharge is a mandatory punishment, so omitting it from the sentence imposed in open court rendered the sentence illegal and correctable at any time under Rule 35(a). Adding the surcharge later therefore did not violate double jeopardy, although the defendant was entitled to an opportunity to seek a waiver and hearing based on inability to pay. The court affirmed and remanded for those further proceedings.