Pineda-Liberato v. Colorado

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This case concerned a district court’s authority to continue to collect from petitioner Karla Pineda-Liberato unpaid restitution, court costs, and fees ordered as conditions of a deferred sentence after the completion of that deferred sentence. The State charged Pineda-Liberato with two felony counts of theft ($500 to $15,000) and two felony counts of providing false information to a pawn broker after she pawned a laptop computer and a television that she had rented from Rent-A-Center. Eventually, Pineda-Liberato entered into a plea agreement under which: (1) she would plead guilty to one count of theft; (2) she would receive “a two-year deferred sentence with terms and conditions to include 48 hours of useful public service, pay restitution as ordered by the court, and any other terms and conditions the court deems appropriate”; and (3) the State would dismiss the remaining counts. In addition to these terms, the agreement contained a handwritten addendum that read, “No jail at initial sentencing.” If Pineda-Liberato complied with the terms of her deferred sentence, then, according to the parties’ Stipulation for Supervised Deferred Sentence, Pineda-Liberato could withdraw her guilty plea and the theft charge would be dismissed with prejudice. The Colorado Supreme Court reviewed the two district court orders with the first finding that the court lacked authority to collect unpaid restitution (but that avenues potentially remained open for the victim to do so), and the second finding that the court lacked authority to collect unpaid fees and costs. With respect to restitution, the Court concluded the pertinent statutes allowed the district court to collect any unpaid amounts from Pineda-Liberato after the completion of her deferred sentence, until the restitution has been paid in full. With respect to the fees and costs ordered as probationary-like supervision conditions, however, the Court concluded the district court lacked the authority to collect such unpaid amounts after it terminated Pineda-Liberato’s deferred sentence, withdrew her guilty plea, and dismissed her case with prejudice. View "Pineda-Liberato v. Colorado" on Justia Law