PEOPLE v. BORQUEZ

No. 88CA0609.

801 P.2d 14 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Christine BORQUEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 6, 1990.

Certiorari Granted December 10, 1990.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Ann Feinstein Levis and Wendy Ritz, Asst. Attys. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Andrew C. Heher, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge PIERCE.

Defendant, Christine Borquez, appeals the trial court's order of restitution. We vacate the order.

Defendant contends that the trial court exceeded its statutory authority in ordering restitution for damages which were not the basis of her plea. We agree.

Unless defendant consents to a more extensive order, a defendant granted probation upon conviction of an offense may be required to pay restitution only to persons injured...

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