People v. Archuleta-Ferales

Opinion by

JUDGE MILLER

1 Defendant, Cora E. Archuleta-Ferales, appeals the drug offender surcharge imposed as part of her sentence for conspiracy to distribute a schedule II controlled substance. Because we conclude that the district court misconstrued its authority under section 18-19-103(6), C.R.S.2014, to waive any portion of the surcharge, we reverse that part of the sentence and remand for further proceedings.

I. Background

T 2 Defendant pleaded guilty to conspiracy to distribute a schedule II controlled substance, a class three felony, in exchange for the dismissal of other charges and an…