CourtListener 10711575•Peo v. Walker
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23CA0297 Peo v Walker 10-23-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 23CA0297
El Paso County District Court No. 22CR66
Honorable Laura N. Findorff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rahkaela Walker,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE HARRIS
Johnson and Schock, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 23, 2025
Philip J. Weiser, Attorney General, Joshua J. Luna, Assistant Attorney General,
Denver, Colorado, for Plaintiff-Appellee
Megan A. Ring, Colorado State Public Defender, Lisa Weisz, Deputy State
Public Defender, Denver, Colorado, for Defendant-Appellant
¶1 Defendant, Rahkaela Walker, appeals the restitution order
entered after she pleaded guilty to stalking her former therapist.
She contends that the order was entered after the statutory
deadline and improperly requires her to pay restitution for losses
caused by uncharged conduct. We reject both contentions and
therefore affirm.
I. Background
¶2 Walker began her stalking conduct in September 2021, when
the victim terminated their therapist-patient relationship. On
receiving the news, Walker showed up at the victim’s office and
refused to leave until the victim called the police.
¶3 For the next two months, Walker repeatedly called, texted, and
emailed the victim. During one weekend in November, Walker
called the victim forty-five times and left twenty-three voicemail
messages. She told the victim that she “won’t stop, she will keep
calling, she’ll keep changing her number.” The victim felt that
“there was no stopping [Walker’s] behavior.”
¶4 In November, the victim obtained a temporary protection
order. A few weeks later, Walker attempted to contact the victim at
the victim’s church; when she could not find the victim, she left a
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handwritten note for her. Walker also messaged the victim over
Venmo and contacted the victim’s colleagues.
¶5 In January 2022, the district attorney charged Walker with
two counts of stalking and one count of violation of a protection
order. The criminal complaint alleged that the unlawful conduct
occurred between September 28 and December 14, 2021.
¶6 Despite the protection order, Walker continued to call and text
the victim. In February, the prosecution filed a second case,
charging Walker with violating the protection order on January 25,
2022.
¶7 Walker pleaded guilty under a plea agreement to one count of
stalking causing serious emotional distress; in exchange, the
prosecution dismissed the remaining charges in both cases and
stipulated to a deferred judgment and sentence. The plea
agreement required Walker to “pay restitution for all counts and
cases governed by th[e] plea agreement, including [dismissed]
counts and/or cases” and to “stipulate to causation for restitution
purposes.”
¶8 At the restitution hearing, the victim testified that Walker’s
stalking conduct caused her to experience anxiety, panic attacks,
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difficulty concentrating, difficulty managing her time, nightmares,
and flashbacks. She said that she had missed work due to the
emotional distress, and she requested restitution for the lost
income. The evidence showed that the victim missed forty-eight
hours of work between September 2021 and January 25, 2022, the
period of the charged conduct, and missed another twenty-three
hours of work between January 26 and May 12, 2022.
¶9 Defense counsel argued that because the trial court could not
order restitution for uncharged conduct, Walker was not liable for
the victim’s lost income after January 25, the last date of charged
conduct. The court rejected that argument and ordered Walker to
pay restitution to the victim in the amount of $77 per hour of
missed work.
II. Challenges to the Restitution Order
A. Timeliness of the Order
¶ 10 Walker argues that the restitution order must be vacated
because the court lacked authority to enter it after the statutory
deadline passed. We conclude that Walker waived her right to a
timely order.
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¶ 11 Every judgment of conviction in a felony case, including a
deferred judgment, see § 18-1.3-602(2), C.R.S. 2025, must include
an order resolving liability for restitution, § 18-1.3-603(1), C.R.S.
2025. The court may defer fixing the amount of restitution, but a
final order must ordinarily be entered within ninety-one days of the
sentencing date. See § 18-1.3-603(1)(b), C.R.S. 2022;1 People v.
Weeks, 2021 CO 75, ¶ 39.
¶ 12 Because the statutory deadline is not jurisdictional, however,
it can be waived. Babcock v. People, 2025 CO 26, ¶ 27. One way a
defendant can waive her right to a timely determination of
restitution is by requesting “that a restitution hearing be set after
the ninety-one-day deadline would expire.” Id. at ¶ 30.
¶ 13 Walker’s sentencing hearing occurred on July 13, 2022,
meaning that, under section 18-1.3-603(1)(b), C.R.S. 2022, the
court had to enter an order fixing the amount of restitution by
October 12, 2022. In August, the prosecution submitted a
proposed restitution order, and Walker objected and requested a
1 The restitution statute’s deadlines were amended in 2025, but
those amendments apply to “defendants sentenced on or after” May
30, 2025. See Ch. 307, sec. 1, § 18-1.3-603, 2025 Colo. Sess. Laws
1606-07.
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hearing. On September 21, the parties appeared for a scheduling
conference. Walker’s lawyer requested that the restitution hearing
be scheduled for October 19 at the earliest — a week after the
statutory deadline. The court and parties ultimately settled on
November 16.
¶ 14 At the November 16 hearing, the prosecutor raised the fact
that the statutory deadline had expired. The court noted that the
restitution hearing was set “by agreement of the parties” and asked
defense counsel if she “want[ed] to make a further record.” Defense
counsel replied, “I do not.”
¶ 15 On January 5, 2023, the court entered a restitution order
requiring Walker to pay $5,965.24 in restitution, including
$3,869.34 to the victim.2
¶ 16 We conclude that Walker waived any claim concerning the
timeliness of the restitution order when her counsel requested a
hearing date after the ninety-one-day deadline, see Babcock, ¶ 30,
and then confirmed her acquiescence to the delay on the first day of
2 The court awarded the victim $5,467 for seventy-one hours of
missed work, plus approximately $156 in interest, minus $1,754.23
that the Victim’s Compensation Board had already paid the victim.
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the hearing. See People v. Roberson, 2025 CO 30, ¶ 17 (counsel’s
acceptance of a restitution hearing date after the deadline
constituted a waiver); see also People v. Yakas, 2019 COA 117, ¶ 35
(“[C]ounsel may waive a defendant’s statutory rights and such a
waiver must only be voluntary, not knowing or intelligent.”);
Babcock, ¶ 30 (same).
B. Amount of Restitution
¶ 17 Walker also challenges the imposition of restitution that she
says is attributable to uncharged conduct.
¶ 18 As noted, the victim missed twenty-three hours of work after
the date of the last charged conduct:
• On January 26, 2022, Walker called the victim from a
hospital, in violation of the protection order, and demanded
that the victim effectuate her release. The calls left the victim
feeling traumatized and anxious, and she canceled her client
sessions for the day.
• On February 22, March 14, and April 25, 2022, Walker texted
the victim in violation of the protection order. The victim
viewed the texts as an indication that Walker did not intend to
stop contacting her despite the protection order. She worried
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that Walker might come to her office. On each of those days,
the victim canceled four hours of client sessions.
• On May 12, 2022, a different therapist called the victim to
request Walker’s mental health records. The victim was
fearful that Walker would retaliate against her for sending the
records. She canceled four hours of client sessions that day.
¶ 19 Walker says that because she was not charged with any
criminal conduct on those dates, she cannot be ordered to pay the
victim’s lost wages for those canceled appointments. We disagree.
¶ 20 A trial court must order restitution for “any pecuniary loss
suffered by a victim . . . proximately caused by an offender’s
conduct.” § 18-1.3-602(3)(a); § 18-1.3-603, C.R.S. 2025. An
“offender” is “a person who committed the crime charged.” Cowen
v. People, 2018 CO 96, ¶ 21. Thus, unless the defendant agrees
otherwise, a trial court may not award restitution for damages
arising from criminal conduct for which the defendant was never
criminally charged. People v. Sosa, 2019 COA 182, ¶¶ 26, 29.
¶ 21 But the fact that Walker is not an offender for purposes of the
conduct that occurred after January 25 is irrelevant in this case.
Restitution was not ordered based on the uncharged conduct.
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Rather, the trial court found that Walker’s stalking conduct during
the time period charged in the two cases proximately caused the
victim’s post-January 25 pecuniary losses.
¶ 22 “Proximate cause is any ‘cause which in natural and probable
sequence produced the claimed injury.’” Martinez v. People, 2024
CO 6M, ¶ 13 (quoting People v. Stewart, 55 P.3d 107, 116 (Colo.
2002)). If the defendant’s conduct is the proximate cause of the
victim’s lost wages, the defendant can be ordered to pay restitution
in the amount of “wages not received by the victim from the date the
crime was committed to the date restitution is imposed.” People v.
Bryant, 122 P.3d 1026, 1029 (Colo. App. 2005).
¶ 23 Whether the defendant proximately caused the victim’s loss is
a question of fact, and, therefore, we review the court’s
determination of proximate cause under the highly deferential clear
error standard. Martinez, ¶ 32. Under that standard, “we must
affirm the [trial] court’s findings unless they are without ‘support in
the record.’” Id. at ¶ 34 (quoting People v. Turner, 2022 CO 50,
¶ 19).
¶ 24 The trial court acknowledged that “uncharged conduct cannot
be a basis for restitution.” But it found that Walker’s “ongoing
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actions,” including her “stalking behaviors” during the period of the
charged conduct, resulted in the canceled appointments and
therefore proximately caused the victim’s pecuniary loss. That
finding is supported by the evidence.
¶ 25 Walker admitted that her charged conduct caused serious
emotional distress to the victim. The victim confirmed this during
her testimony. She testified that Walker’s stalking conduct
“affected every aspect of [her] life.” The victim explained that
because Walker’s behavior was unpredictable and frightening, she
was “constantly hypervigilant,” anxious, and “destabilize[d].” She
said that at certain times she was unable to work with her clients
because she was “activated” and “overwhelmed.”
¶ 26 The victim specifically attributed her inability to work during
the listed hours in 2022 to Walker’s entire “course of conduct.” She
affirmed that, “absent [Walker’s] conduct in 2021,” she would not
have “had the responses that [she] had in 2022” and would not
have “made the decisions that [she] did with regard to client hours.”
¶ 27 Walker does not argue that the victim’s post-January 25,
2022, losses are too attenuated from the 2021 criminal conduct.
For good reason, in our view — not only did Walker stipulate to
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proximate cause but, as the trial court noted, Walker’s theory that
after five months of unpredictable stalking behavior, the victim’s
severe emotional distress would end abruptly on January 25 is
unrealistic and somewhat disingenuous.
¶ 28 Because the trial court’s proximate cause findings are
supported by the record, we discern no error in the restitution
order.
III. Disposition
¶ 29 The order is affirmed.
JUDGE JOHNSON and JUDGE SCHOCK concur.
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