The People of the State of Colorado, Petitioner-Appellee, In the Interest of D.L.C., Juvenile-Appellant.
Paso County District Court No. 16JD742. Honorable G. David
J. Weiser, Attorney General, Kevin E. McReynolds, Assistant
Attorney General, Denver, Colorado, for Petitioner-Appellee.
Trenary, Alternate Defense Counsel, Broomfield, Colorado, for
JUDGE Taubman and Grove, JJ., concur.
1] Under the juvenile restitution statute, may a
juvenile court suspend accrual of postjudgment interest on
restitution for a juvenile while he is committed to the
Division of Youth Services (DYS)? We answer " no"
and affirm the district court's order denying
D.L.C.'s motion to suspend postjudgment interest.
Factual Background and Procedural History
[¶2] D.L.C. pleaded guilty to aggravated
motor vehicle theft. He also agreed to pay restitution. The
juvenile court magistrate sentenced D.L.C. to probation and
granted the People's restitution request, ordering D.L.C.
to pay $59,417.07 in restitution.
[¶3] Later, the magistrate revoked
D.L.C.'s probation after he pleaded guilty to committing
other offenses in a different case (17JD487) and committed
D.L.C. to DYS. The magistrate ordered D.L.C. to pay
restitution in this case and also made it a condition of his
parole in case 17JD487 after his commitment to DYS.
[¶4] D.L.C. filed a motion asking the
magistrate to suspend postjudgment interest on restitution in
this case and case 17JD487 while he is committed to DYS.
After the magistrate denied the motion, D.L.C. asked the
district court to review the magistrate's order. The
district court upheld the magistrate's order, finding
that it didn't have authority to suspend postjudgment
interest under the statutory scheme or case law.
II. Postjudgment Restitution Interest Can't Be
Suspended for a Juvenile Under the Adult Restitution
[¶5] D.L.C. contends that the district court
erred in refusing to suspend accrual of postjudgment interest
on his restitution obligation while he is committed to DYS
because section 19-2-918(2), C.R.S. 2018, authorizes such
suspension " to ensure that ...