PEOPLE v. SUTTMILLER

No. 08CA0902.

240 P.3d 504 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael David SUTTMILLER, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

May 27, 2010.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Christine C. Brady , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Andrea R. Gammell , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge DAILEY.

Defendant, Michael David Suttmiller, appeals the district court's order denying him a refund of overpaid restitution. We affirm.

I. Background

As pertinent here, in May 2001 defendant was sentenced to probation in connection with the theft of an asphalt roller from a rival in the asphalt paving industry.1 He retained and used the roller for several months before it was discovered in his...

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