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
Douglas K. Wilson, Colorado State Public Defender, Anne T.
Amicarella, Deputy State Public Defender, Denver, Colorado,
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.
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
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,
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
. "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
. "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
. "Any disposition will be according to
the law enforcement agency's procedures and protocols,
which may include returning property to the rightful owner ...