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People v. Madison

Court of Appeals of Colorado, First Division

May 3, 2018

The People of the State of Colorado, Plaintiff-Appellee,
v.
Edward Madison, Defendant-Appellant.

          Jefferson County District Court No. 09CR1101 Honorable Todd L. Vriesman, Judge

          Cynthia H. Coffman, Attorney General, Elizabeth Ford Milani, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

          Douglas K. Wilson, Colorado State Public Defender, Anne T. Amicarella, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant

          ORDER

          HARRIS, JUDGE.

         ¶ 1 Defendant, Edward Madison, appeals the district court's order granting the Jefferson County sheriff's office's motion to destroy evidence associated with Madison's theft conviction. We affirm.

         I. Background

         ¶ 2 Between March 2007 and April 2009, Madison stole scores of bottles of expensive wine from multiple liquor stores in Jefferson County. The prosecution charged him with three counts of theft ($1000 to $20, 000), all class 4 felonies, in violation of section 18-4-401(1), C.R.S. 2017.

         ¶ 3 In April 2010, Madison pleaded guilty to an added count of attempted theft, a class 6 felony. In exchange, the prosecution agreed to a sentence of "probation with restitution."

         ¶ 4 The court sentenced Madison to a two-year term of probation. As for the restitution, the liquor stores declined to accept the wine recovered from Madison's home because the method of storage could not be confirmed, and therefore the wine was unmarketable. Instead, the stores sought reimbursement for the retail value of the wine. Accordingly, the court ordered restitution in the amount of $16, 514.[1] Police had seized $7000 during the search of Madison's home and that money was distributed to the victims, leaving a restitution balance of $9514.

         ¶ 5 Contemporaneously with the plea agreement, Madison and the prosecution entered into an "Evidence Disposition Agreement" (Agreement). The Agreement provided in relevant part:

. "Law enforcement may dispose of all evidence on the attached log except" sixty-seven bottles of wine recovered by police which would be returned to "defendant when restitution [was] paid."
. "Law enforcement shall release" the sixty-seven bottles of wine to the defendant or his lawyer "when restitution [was] paid, " but the wine had to be requested "within 90 days" of the date of the Agreement.
. "Defendant understands that the agency may dispose of these items if they are not picked up within 90 days, unless other arrangements are made."
. "The defendant waives any right to further notification before the disposition for the items authorized above."
. "Any disposition will be according to the law enforcement agency's procedures and protocols, which may include returning property to the rightful owner ...

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