October 18, 2017

Colorado Supreme Court: Presentence Confinement Credit Only To Be Given for Charge Being Sentenced

The Colorado Supreme Court issued its opinion in People v. Torrez on Monday, October 2, 2017.

Criminal Law—Sentencing—Presentence Confinement Credit.

The Colorado Supreme Court reviewed the Colorado Court of Appeals’ opinion crediting defendant for a confinement period after a not guilty by reason of insanity verdict on an unrelated  charge. Under C.R.S. § 18-1.3-405, credit is to be given only where the presentence confinement is caused by the charge on which the defendant is being sentenced. Considering Massey v. People, 736 P.2d 19 (Colo. 1987), and People v. Freeman, 735 P.2d 879 (Colo. 1987), the court concluded that defendant was not entitled to presentence confinement credit for her confinement before or after the not guilty by reason of insanity verdict. Accordingly, the court affirmed the judgment of the court of appeals in part and reversed in part, and remanded the case for further proceedings consistent with this opinion.

Summary provided courtesy of Colorado Lawyer.

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