Colorado v. MaddenAnnotate this Case
Respondent Louis Madden was convicted of attempting to patronize a prostituted child and attempted third degree sexual assault by force. He was originally sentenced to an indeterminate sentence and ordered to pay costs, fees and restitution. He appealed his conviction. The attempt to patronize a prostituted child was reversed, leaving only the attempted sexual assault charge. The case was returned to the trial court with instructions to impose a determinate sentence. Madden was thereafter sentenced to three years with credit for time served. Madden moved for post-conviction relief, alleging ineffective assistance of trial counsel. The motion was granted, and the prosecution elected not to appeal or retry the case. Madden applied to be refunded that portion of the fees, costs and restitution he had already paid, and the trial court agreed to a partial refund; the trial court reasoned that money paid to a counseling service the victim used could not be returned. Madden appealed. The Supreme Court reversed the trial court's "refund" order, finding that the trial court did not have statutory authority to order a refund from public funds. "Madden did not pursue a refund through the procedures defined in the Exoneration Act" which provides trial courts the proper authority pursuant to which to issue refunds.