to the District Court Adams County District Court No.
Attorneys for Petitioner: Douglas K. Wilson, Public Defender
Ari Krichiver, Deputy Public Defender Brighton, Colorado
Attorneys for Respondent: Dave Young, District Attorney,
Seventeenth Judicial District Michael J. Milne, Senior Deputy
District Attorney Brighton, Colorado
GABRIEL JUSTICE M
This case presents the narrow question of whether a motion to
change a restitution payee from one victim identified in a
restitution order to other victims identified therein (whom
the first victim was obliged to pay but did not pay)
constitutes a new restitution request that must comply with
the statutory requirements for making restitution requests.
Petitioner Donald Johnson was convicted of careless
driving-no injury, and the county court ordered him to pay
$23, 435.20 in restitution for pecuniary losses suffered by,
among others, (1) a woman whose vehicle he struck with his
vehicle and (2) the woman's seven medical providers.
Initially, the restitution payments were disbursed to the
woman, who was obliged to pay her medical providers. After
the People learned that the woman had not paid the providers,
however, the People moved to change the restitution payee, so
that the restitution payments would be disbursed directly to
the providers. The court granted that motion.
Johnson then filed a motion for reconsideration. He argued
that the People's request to change the restitution payee
was effectively a new restitution request and was untimely.
The county court rejected this argument and denied
Johnson appealed the foregoing orders to the district court,
that court affirmed, and we granted certiorari. Like the district
court, we now conclude that on the facts presented here, the
People's motion to change the restitution payee did not
constitute a new restitution request.
Accordingly, we affirm.
Facts and Procedural History
While driving carelessly, Johnson struck another vehicle,
seriously injuring the woman who was driving that vehicle.
Johnson subsequently pleaded guilty to careless driving-no
injury, and the People sought a restitution award of $23,
435.20. The People's motion summarized their restitution
request as follows:
$4, 357.12 May 12, 2008 through July 7, 2008 (8 weeks X
$749.99 June 4, 2008 through July 3, 2008
MEDICAL EXPENSES - (Expenses not covered by any
insurance due to policy limits)
$169.62 CarePoint, P.C.
$1, 444.94 Medical Center of Aurora
$44.68 Radiology Imaging Associates, P.C.
$298.60 CACC Lowry
$244.82 University Physicians, Inc.
$144.51 Rural/Metro of Central Colorado
$40, 980.92 Denver Health