Arapahoe County District Court No. 09CR2049 Honorable Elizabeth Ann Weishaupl, Judge.
John W. Suthers, Attorney General, Christine C. Brady, Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.
Douglas K. Wilson, Colorado State Public Defender, Pamela A. Dayton, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.
¶1 Defendant, Bobby Nicky Rogers, appeals the district court's restitution order entered on his conviction after a guilty plea of attempted sexual assault. As an apparent matter of first impression in Colorado, we conclude that the district court erred in ordering Rogers to pay restitution to the Aurora Police Department for a sexual assault nurse examiner (SANE) examination conducted for the purpose of collecting forensic evidence. We further conclude that the record does not support affirming this award on the alternative ground that the cost of the SANE examination was a recoverable cost of prosecution. Accordingly, we reverse the restitution order and remand the case to the district court with directions that the court modify its sentencing order accordingly.
¶2 According to a police officer's affidavit, Rogers offered the victim a ride in his car. After she accepted, Rogers drove her behind a building, parked, threatened her with a knife, and forced her to perform oral sex on him. After the incident, the victim called the police and was transported to a hospital. Rogers was arrested shortly thereafter, and the victim identified him as the man who had sexually assaulted her.
¶3 Rogers subsequently pleaded guilty to attempted sexual assault-overcome victim's will in exchange for a stipulated four-year term of sex offender intensive supervised probation. Thereafter, the prosecution requested $500 in restitution to be paid to the Aurora Police Department for the cost of the victim's SANE examination. Alternatively, the prosecution argued that this cost should be awarded as a cost of prosecution. Over Rogers' objection, the court granted the prosecution's request for the $500 in restitution.
¶4 Rogers now appeals.
¶5 Rogers contends that the district court erred in ordering restitution for the cost of the SANE examination. We agree. A. Principles of Statutory Interpretation
¶6 This case requires us to interpret the term "victim" and the phrase "extraordinary direct public . . . investigative costs" in the restitution statutes, §§ 18-1.3-601 to -603, C.R.S. 2013. We review these issues of statutory interpretation de novo. See Dubois v. People, 211 P.3d 41, 43 (Colo. 2009) (interpreting "victim" de novo); People v. Juanda, 2012 COA 159, ¶¶ 6, 9-13, 303 P.3d 128, 129-30 (interpreting "victim" and "extraordinary direct public . . .investigative costs" de novo).
¶7 Our primary purpose in statutory construction is to ascertain and give effect to the intent of the General Assembly. People v. Cito, 2012 COA 221, ¶ 14, 310 P.3d 256, 259. We first look to the language of the statute, giving words and phrases their plain and ordinary meanings. Id. We read words and phrases in context and construe them according to their common usage. Id.
¶8 In addition, we must interpret a statute in a way that best effectuates the purpose of the legislative scheme. Id. at ¶ 15, 310 P.3d at 259. When a court construes a statute, it should read and consider the statute as a whole and interpret it in a manner giving consistent, harmonious, and sensible effect to all of its parts. Id. In doing so, a court should not interpret the statute so as to render any part of it either ...