Yeadon v. Colorado
Annotate this CaseGerald Yeadon was convicted by jury of several charges, including possession of less than two grams of a controlled substance (methamphetamine), a class 6 felony at the time. At his sentencing hearing, the trial court failed to impose the drug offender surcharge as a component of the sentence on the class 6 felony drug conviction. After the sentencing hearing, however, the court added the $1,250 drug offender surcharge on Yeadon’s mittimus. Relevant here, Yeadon argued on appeal of his conviction and sentence that the late imposition of the drug offender surcharge violated his federal and state constitutional rights against double jeopardy. In a unanimous, published decision, a division of the court of appeals disagreed, finding that the surcharge was statutorily mandated, and not illegal when the trial court corrected the sentence pursuant to Crim. P. 35(a). Thus it was not a double jeopardy violation when the court subsequently imposed the surcharge by including it on the mittimus. The Colorado Supreme Court concurred with the appellate court's reasoning; the Court did remand to the trial court to allow Yeadon an opportunity to request a waiver of the surcharge assessed.
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