--- Am. Tribal Law ----, 2022 WL 17667886 (Colville C.A.), 15 CCAR 85, 8 CTCR 26
Colville Tribal Court of Appeals.
 
Deanna M. HEATH, Appellant,
v.
COLVILLE CONFEDERATED TRIBES, Appellant.
Case No. AP22-001
|
Decided March 21, 2022
Before Chief Justice Anita Dupris, Justice Dave Bonga, and Justice Mary Cardoza Finkbonner

Opinion

Dupris, CJ

This case came before the Court of Appeals (CoA) for an Initial Hearing on this date. Appellant appeals the Trial Court’s post-sentencing Order dated January 14, 2022 in which the Trial Court found Appellant was liable for the remaining amount of restitution of $1,144.28. The original amount is $1,663.64. The Restitution order was included in Appellant’s sentence of May 3, 2019, as a joint and several debt owed by Appellant and, in a companion case, by her co-defendant/sister, Kelly Jerred.

The purpose of an Initial Hearing is to determine

1) whether the facts and/or laws as presented warrant a limited appeal on issues of law and/or fact;

2) whether the Trial Court’s Order should be reversed, and the matter remanded for a new trial; or

3) whether the appeal should be dismissed or denied.

The CoA, having reviewed the record and applicable law, finds cause to affirm the Trial Court’s Order and dismiss the Appeal based on the reasoning below.

FACTS

Appellant was found guilty by jury trial of 3 charges involving aiding or abetting misuse of public funds, aiding or abetting fraud, and forgery, and sentenced on May 3, 2019. As part of her sentence she, and her co-defendant, Kelly Jerred, were ordered to pay restitution of $1,663.64 to the Tribes. The Order stated the obligation was “joint and several.” Appellant was represented by a spokesperson during the sentencing, and signed the Judgment and Sentence stating she had read it.

Appellant alleges in her Notice of Appeal that Kelly Jerred’s case was erroneously closed, and that the post-sentencing hearing the Order stated Appellant was responsible for all the remainder of the restitution owing. Appellee attempted to get Ms. Jerred’s case reopened but the Trial Court denied the request.

DISCUSSION

Appellant first states the Trial Court erred in ordering joing and several liability for restitution for Appellant and her co-defendant, Kelly Jerred. The Judgment and Sentence Order was entered on May 3, 2019. It is too late to challenge the Order at this date.

Appellant argues she should not be liable for the total amount just because Ms. Jerred’s case was erroneously closed. The closure of Ms. Jerred’s case is not relevant to this Appeal. Appellant is not a party to Ms. Jerred’s Judgment and Sentence, and cannot challenge whether it should have been closed or not.

Appellant was put on notice at her sentencing that she would be jointly and severally liable for the restitution ordered. Appellant has no appealable issue in this matter as a matter of law. She may have a potential civil remedy against Ms. Jerred, but that is not before us.

Based on the foregoing, we AFFIRM the Order of January 14, 2022, and REMAND for actions consistent with this Order.

All Citations
--- Am. Tribal Law ----, 2022 WL 17667886, 15 CCAR 85, 8 CTCR 26