75, People in Interest of D.L.C

Citations

• 2019 COA 135

Syllabus

D.L.C. pleaded guilty to aggravated motor vehicle theft and agreed to pay restitution. The juvenile court magistrate sentenced D.L.C. to probation and ordered restitution of $59,417.07. The magistrate later revoked probation after D.L.C. pleaded guilty to other offenses in a different case and committed him to the Division of Youth Services (DYS). The magistrate ordered D.L.C. to pay restitution in this case and made it a condition of his parole in his other case after his commitment to DYS. D.L.C. filed a motion requesting suspension of postjudgment interest on restitution while he is committed to DYS. The magistrate denied the request and the district court upheld the denial. On appeal, D.L.C. argued that the district court erred in refusing to suspend accrual of postjudgment interest on his restitution obligation while he is committed to DYS because CRS § 19-2-918(2) authorizes suspension of postjudgment interest \to ensure that restitution is ordered to be paid in a reasonable manner.\ D.L.C. argued that it is unreasonable to accrue postjudgment interest while he is committed to DYS and can't pay restitution. However, the plain language of the adult criminal restitution statute is unambiguous and compels the accrual of simple interest from the date of a restitution order. Further, the juvenile court lacked discretion to suspend postjudgment interest because the plain language of the adult criminal restitution statute applies equally to juveniles and suspending postjudgment interest would not be in accordance with this plain language. D.L.C. also contended that the statute's postjudgment interest provision is unconstitutional as applied to him because it is fundamentally unfair and violates constitutional due process requirements. The Court of Appeals reviewed this claim for plain error and concluded that no authority exists that should have caused the district court, on its own motion, to find the statute unconstitutional as applied. Therefore, any possible erro