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State of Colorado v. Tommy Rae Mickey
Date: 12-09-2024
Case Number: 20CR1407
Judge: Gretchen B. Larson
Court: District Court, Mesa County, Colorado
Plaintiff's Attorney: Mesa County, Colorado District Attorney's Office
Defendant's Attorney:
Click Here For The Best Grand Junction Criminal Defense Lawyer Directory
Description:
Mickey pleaded guilty to second degree burglary and vehicular eluding.1 On October 7, 2020, he was sentenced to six years in the custody of the Colorado Department of Corrections. On June 29, 2021, more than 250 days after the sentencing hearing, the district court ordered Mickey to pay restitution for unrecovered stolen property. The district court did not make an express finding that there was good cause to determine restitution more than ninety-one days after the sentencing hearing.2 See § 18-1.3-603(1)(b), C.R.S. 2023.
CRIMINAL LAW. RESTITUTION. The case addresses the timeliness of a restitution order, determining that an order entered after the statutory ninety-one-day period, without an express finding of good cause, is erroneous and cannot be considered harmless error.
CRIMINAL LAW. AUTHORITY OF THE COURT. The judgment emphasizes that while the court retained jurisdiction, it lacked the authority to impose restitution after the expiration of the statutory deadline, rendering the restitution order invalid.
CRIMINAL LAW. WAIVER OF RIGHTS. The ruling clarifies that the statutory deadline for restitution cannot be waived by any party's agreement or conduct, reinforcing that the failure to adhere to this timeline results in a lack of authority to enforce the order.
Key Phrases Restitution order. Statutory interpretation. Good cause finding. Timely finding. Authority to enter.
Grand Junction, Colorado criminal defense lawyer represented the Defendant charged with burglary and vehicular eluding.
Mickey pleaded guilty to second degree burglary and vehicular eluding.1 On October 7, 2020, he was sentenced to six years in the custody of the Colorado Department of Corrections. On June 29, 2021, more than 250 days after the sentencing hearing, the district court ordered Mickey to pay restitution for unrecovered stolen property. The district court did not make an express finding that there was good cause to determine restitution more than ninety-one days after the sentencing hearing.2 See § 18-1.3-603(1)(b), C.R.S. 2023.
CRIMINAL LAW. RESTITUTION. The case addresses the timeliness of a restitution order, determining that an order entered after the statutory ninety-one-day period, without an express finding of good cause, is erroneous and cannot be considered harmless error.
CRIMINAL LAW. AUTHORITY OF THE COURT. The judgment emphasizes that while the court retained jurisdiction, it lacked the authority to impose restitution after the expiration of the statutory deadline, rendering the restitution order invalid.
CRIMINAL LAW. WAIVER OF RIGHTS. The ruling clarifies that the statutory deadline for restitution cannot be waived by any party's agreement or conduct, reinforcing that the failure to adhere to this timeline results in a lack of authority to enforce the order.
Key Phrases Restitution order. Statutory interpretation. Good cause finding. Timely finding. Authority to enter.
Outcome:
Order vacated.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Colorado v. Tommy Rae Mickey?
The outcome was: Order vacated.
Which court heard State of Colorado v. Tommy Rae Mickey?
This case was heard in District Court, Mesa County, Colorado, CO. The presiding judge was Gretchen B. Larson.
Who were the attorneys in State of Colorado v. Tommy Rae Mickey?
Plaintiff's attorney: Mesa County, Colorado District Attorney's Office. Defendant's attorney: Click Here For The Best Grand Junction Criminal Defense Lawyer Directory.
When was State of Colorado v. Tommy Rae Mickey decided?
This case was decided on December 9, 2024.