Opinion
23SC525
04-08-2024
Darryl Cornelius Johnson, Petitioner/Cross-Respondent v. The People of the State of Colorado. Respondent/Cross-Petitioner
Court of Appeals Case No. 21CA669
Petition and Cross-Petition for Writ of Certiorari GRANTED.
Whether the division's opinion violated this court's holding in People v. Weeks, 2021 CO 75. Whether the division correctly defined "available" under the restitution statute.
Whether the prosecution's timeline for presenting a restitution motion is non-jurisdictional in nature and, thus, subject to both waiver and, if necessary, a prejudice analysis.
Whether defendant waived his present challenge to the timeliness of the prosecution's restitution motion to gain the benefit of his plea agreement.
Alternatively, whether the alleged violation should be rejected as harmless under the facts of this case.