People v. Jones, 83CA0032
| Decision Date | 18 October 1984 |
| Docket Number | No. 83CA0032,83CA0032 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard Tal JONES, Defendant-Appellant. . III |
| Court | Colorado Court of Appeals |
Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., William Morris, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellee.
David F. Vela, Colorado State Public Defender, Martin J. Gerra, III, Deputy State Public Defender, Denver, for defendant-appellant.
Defendant, Richard Tal Jones, was convicted of two counts of theft "by deception" in violation of § 18-4-401, C.R.S. (1978 Repl.Vol. 8), and was sentenced to six years probation. As one condition of that probation he was ordered to pay restitution to the "victims" of the thefts in the total amount of $27,995. His convictions were affirmed in People v. Jones (Colo.App. No. 79CA0718, February 11, 1982) (not selected for official publication). Thereafter, he filed a motion in the trial court pursuant to Crim.P. 35(c) to vacate or modify his sentence, arguing that he had been required to pay restitution to improper parties. From denial of his motion, defendant appeals, and we affirm.
In the first count of the information the defendant was charged with the theft of $10,000 from the "Ski County Development escrow account." Evidence at trial disclosed that the Ski County Development Corporation was a real estate brokerage company that was wholly owned by the defendant. Ski County had an exclusive listing contract to sell lots owned by Tenderfoot Mountain Properties, a general partnership, and at the time of the theft, $9,000 had been deposited into an escrow account of Ski County as earnest money for the purchase of lots owned by Tenderfoot. Specifically, $2,000 was paid into the account by Walter Gates, $1,000 by Heli Schaller, $5,000 by John Webb, and $1,000 by William Shay. After the theft, William Cox, the managing partner of Tenderfoot, refunded the deposits of Schaller and Webb, and Shay was given a $1,000 credit towards the purchase price of a lot from Tenderfoot. Thus, only Walter Gates was not reimbursed for the loss of his earnest money deposit. With respect to this count, the trial court directed the defendant to pay restitution of $2,000 to Walter Gates and $7,000 to Tenderfoot Mountain Properties.
The second count of the information charged the defendant with the theft of $18,995 from Tenderfoot Mountain Properties and the Summit County Bank. Evidence at trial established that the defendant obtained a loan of $18,995 from the Summit County Bank, giving as security a deed of trust on one of the lots owned by Tenderfoot Mountain Properties. William Cox purchased the lot from Tenderfoot for a purchase price of $30,000 and subsequently discovered that the lot was subject to a deed of trust in favor of the Summit County Bank. Cox had to pay the bank $23,000 to obtain a release of the deed of trust and clear title to the property. With respect to this count, the trial court ordered the defendant to pay restitution to William Cox in the amount of $18,995.
The defendant contends here that the trial court erred in ordering him to pay restitution to parties who were not identified in the information by which he was charged as the victims of the thefts. We disagree.
On the date the defendant was sentenced, July...
To continue reading
Request your trial
-
People v. Atencio
...that its plain language does not suggest, warrant, or mandate."); People v. Easter, 914 P.2d 493, 495 (Colo.App.1995); People v. Jones, 701 P.2d 868, 869 (Colo.App.1984); cf. Deal v. United States, 508 U.S. 129, 113 S.Ct. 1993, 124 L.Ed.2d 44 (1993) (term "conviction" in statute increasing ......
-
People v. Ferguson
...obtained actual physical custody or delivery of the thing of value in order to have a proprietary interest in it. See People v. Jones, 701 P.2d 868 (Colo.App.1984); Midland Bean Co. v. Farmers State Bank, 37 Colo.App. 452, 552 P.2d 317 (1976). Here, the restaurant had parted with food, drin......
-
People v. Carpenter, 93CA1516
...restitution order. See People v. Wheatley, 805 P.2d 1148 (Colo.App.1990); People v. Engel, 746 P.2d 60 (Colo.App.1987); People v. Jones, 701 P.2d 868 (Colo.App.1984). Our supreme court has made it clear that more than mere speculation is required in order for a defendant to be ordered to be......
-
People v. Dubois
...both the second victim and Alamosa County qualified as victims within the statutory definition of that term. See People v. Jones, 701 P.2d 868, 869 (Colo.App.1984) ("it is not necessary for the `victim' to be specifically named as a party in the criminal indictment or information"; a defend......