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PEOPLE v. McCARTHY

No. 09CA2710.

292 P.3d 1090 (2012)

2012 COA 133

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael J. McCARTHY, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

August 16, 2012.

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, Pamela A. Dayton , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge NIETO.*

¶ 1 Defendant, Michael J. McCarthy, appeals the trial court's order concluding that the Colorado Department of Health Care Policy and Financing (the Department)1 is a victim for purposes of the criminal restitution statute and granting restitution to the Department for costs incurred as a result of defendant's vehicular assault. We reverse and remand.

¶ 2 Here, defendant...

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