McCarty v. People

We granted Jeanette McCarty’s petition for certiorari to review the court of appeals’ judgment in People v. McCarty, 851 P.2d 181 (Colo.App.1992), upholding the trial court’s resentencing of McCarty to probation and reimposition of the requirement that McCarty pay restitution. We conclude that after revocation of probation, a trial court may immediately resentence a defendant without holding a new sentencing hearing and may reimpose restitution in accordance with a plea agreement, without making a factual finding that the defendant has the ability to pay. We therefore affirm the judgment of…