People v. Vo

Opinion by JUDGE RULAND Defendant, Thien Van Vo, appeals the surcharges imposed in connection with a sentence to probation following his guilty plea to second degree sexual assault, a class four felony. Defendant's single argument on appeal is that the imposition of two statutory surcharges violates the prohibition against double jeopardy in Colo. Const. art. II, § 18. We disagree and therefore affirm. The two surcharges imposed and challenged in the present case are authorized by statute. See § 18-21-103(1)(c), C.R.S. (1996 Cum. Supp.)(each person convicted of a class four sex offense shall pay $1,000 which shall be applied to the sex offender surcharge fund); §§ 24-4.2-104(1)(a)(II)(A) & (B), C.R.S. (1996 Cum. Supp.)(in addition to the general surcharge applicable to all felony convictions, each person convicted of second degree sexual assault shall pay a $1,000 surcharge which shall be applied to the victims and witnesses assistance and law enforcement fund).