25CA0811•Peo v Mountz
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25CA0811 Peo v Mountz 10-15-2026 COLORADO COURT OF APPEALS Court of Appeals No. 25CA0811 El Paso County District Court No. 04CR5739 & 04CR6236 Honorable William Bain, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Robert Nicholas Mountz, Defendant-Appellant. APPEAL DISMISSED Division IV Opinion by JUDGE LIPINSKY Harris and Gomez, JJ., concur NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced October 15, 2026 Philip J. Weiser, Attorney General, Brittany Limes Zehner, Senior Assistant Attorney General and Assistant Solicitor General, Denver, Colorado, for Plaintiff-Appellee Kinniry Law Office, Janet Kinniry, Gardner, Colorado, for Defendant-Appellant
1 ¶ 1 Robert Nicholas Mountz appeals the district court’s denial of his most recent Crim. P. 35 motion. We dismiss the appeal. ¶ 2 As part of a global plea agreement resolving two criminal cases, Mountz pleaded guilty to second degree murder, aggravated robbery, and escape. See People v. Mountz, slip op. at 1 (Colo. App. No. 19CA2281, May 27, 2021) (not published pursuant to C.A.R. 35(e)). In 2006, the district court sentenced Mountz to an aggregate eighty-year prison term and ordered him to pay $16,953.78 in restitution. Id. ¶ 3 Mountz filed unsuccessful postconviction motions in 2013, 2014, and 2017. See id. at 1, 13; People v. Mountz, slip op. at 1, 11 (Colo. App. No. 19CA2282, May 27, 2021) (not published pursuant to C.A.R. 35(e)). ¶ 4 In 2024, Mountz filed the motion at issue in this appeal, claiming ineffective assistance of postconviction counsel and appellate counsel, a “violation of the constitutional right to have a record,” and legal errors in the restitution portion of his sentence. As best as we can discern, Mountz presented two arguments regarding restitution: (1) the sentencing court’s restitution order improperly included prejudgment interest, and (2) under the 2019
2 amendments to section 18-1.3-603, ch. 303, sec. 1, § 18-1.3-603(4)(b.5)(I)(A), 2019 Colo. Sess. Laws 2778 (the 2019 amendments), interest on the restitution award illegally accrues while he is incarcerated. The district court denied the motion in two written orders. The postconviction court found that (1) the sentencing court properly calculated prejudgment interest on the restitution award from the date of the loss; and (2) interest can accrue while Mountz is incarcerated because the 2019 amendments only “appl[y] to orders entered on or after July 1, 2019,” citing id. at 2779. ¶ 5 However, Mountz’s opening brief does not present any issues for our resolution. Mountz asserts that the district court correctly calculated the amount of restitution, effectively abandoning his restitution claim. He does not present arguments on any of the other issues raised in his postconviction motion, thereby abandoning them. See People v. Osorio, 170 P.3d 796, 801 (Colo. App. 2007) (explaining that claims raised in a defendant’s postconviction motion, but not reasserted on appeal, are deemed abandoned).
3 ¶ 6 Because Mountz presents no issues for this court to resolve, we dismiss the appeal. JUDGE HARRIS and JUDGE GOMEZ concur.
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