Colorado v. Belibi

The State sought review of a court of appeals judgment that reversed an amended restitution order that substantially increased defendant Franck Belibi after he was convicted. Following the acceptance of Belibi’s guilty plea, the imposition of a sentence to probation, including a stipulation to $4,728 restitution, and the entry of judgment, the district court amended its restitution order to require the payment of an additional $302,022 in restitution. The court of appeals held that in the absence of anything in the court’s written or oral pronouncements reserving a final determination of the amount of restitution, the initial restitution order had become final and could not be amended. The Colorado Supreme Court agreed: because a judgment of conviction, absent a statutorily authorized order reserving a determination of the final amount of restitution due, finalizes any specific amount already set, the sentencing court lacked the power to increase restitution beyond the previously set amount of $4,728. The judgment of the court of appeals was therefore affirmed. View "Colorado v. Belibi" on Justia Law