September 18, 2014

Colorado Court of Appeals: Defendant Improperly Denied Presentence Confinement Credit

The Colorado Court of Appeals issued its opinion in People v. Henry on Wednesday, July 3, 2013.

Presentence Confinement Credit.

Defendant appealed his sentence,arguing that the district court erred in denying him any presentence confinement credit (PSCC).The sentence was reversed in part and the case was remanded for amendment of the mittimus.

While on mandatory parole in another case, defendant was charged with numerous offenses in this case. After defendant pleaded guilty to an added count of attempted sexual assault on a child, the district court sentenced defendant according to the agreement, but denied his request for 397 days of PSCC for the time he had spent in jail between the date of his arrest and the date of sentencing.

Defendant argued that the district court erred in denying him any PSCC. There was no dispute that defendant’s confinement from the date of his arrest (February 3, 2011) to the date of his sentencing (March 5, 2012) was caused by the charges filed in this case. Therefore, the district court erred both in concluding that defendant was not entitled to PSCC credit and in failing to include such credit in the mittimus. Because the court misapprehended its authority under the PSCC statute, that portion of defendant’s sentence was reversed and the case was remanded for the court to amend the mittimus to reflect 397 days of PSCC.

Summary and full case available here.

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