County District Court No. 13CR12 Honorable Stanley A.
Cynthia H. Coffman, Attorney General, Joseph G. Michaels,
Assistant Attorney General, Denver, Colorado, for
Offices of Les S. Downs, Les S. Downs, Trinidad, Colorado,
1 Defendant, Curtis Lynn Foos, appeals the district
court's restitution order. We affirm.
2 In 2011, Foos filed for bankruptcy. The United States
Bankruptcy Court entered an order of discharge resulting in a
complete discharge of Foos' debts.
3 In 2013, Foos was charged with two counts of felony theft
and one count of defrauding a secured creditor. Prior to his
bankruptcy proceedings, Foos owed money to the victims
identified in each of the three counts.
4 The district attorney who brought the charges was later
recused from the case because her husband's company was a
creditor in the Foos bankruptcy proceeding, as were the three
alleged victims in the criminal complaint. The court
appointed a special prosecutor from another judicial district
who elected to move forward with the charges.
5 After the appointment of the special prosecutor, Foos
pleaded guilty to the charge of defrauding a secured creditor
in exchange for the prosecution dismissing the two counts of
felony theft. The parties stipulated to a three-year deferred
judgment and sentence with a requirement for full
restitution. After a hearing, the district court ordered Foos
to pay restitution of $58, 047.13 to Perry Huffman.
6 Foos contends that the district court erred in ordering him
to pay restitution for three reasons: (1) Foos had previously
discharged his debt to Huffman in bankruptcy; (2) Foos was
prosecuted in bad faith; and (3) Foos was ordered to pay
restitution for a count to which he did not plead guilty. We
Standard of Review
7 The trial court has broad discretion in setting the terms
and conditions of restitution, and, absent a showing that the
court abused its discretion by misconstruing or misapplying
the law, we will not disturb ...