June 19, 2019

Colorado Court of Appeals: People v. Roy

on June 10, 2010.

Presentence Confinement Credit—Crim.P. 35(a)—Consecutive Sentences.

Defendant Roy appealed the district court’s order denying his third post-conviction motion for additional presentence confinement credit. The order was affirmed.

In 1999, Roy was charged with multiple drug offenses in two cases, Nos. 99CR321 and 99CR867. Roy violated his probation by committing another drug-related offense on December 27, 2002, for which he was charged in a third case, No. 02CR1373. At the time of sentencing in the third case, the court awarded him credit for time served in all cases. The court also granted Roy’s request for presentence confinement credit for time served in community corrections. Thereafter, Roy filed motions for additional presentence confinement credit in all three cases, which were denied.

Roy contended that the district court erred by denying his motion for an additional 267 days of presentence confinement credit. Roy’s failure to timely appeal the 2005 order prevented the Court of Appeals from reviewing that order. As to the 2008 order, however, Roy’s post-conviction claims for presentence confinement credit were cognizable under Crim.P. 35(a). Because Roy received consecutive sentences for all three cases, and he already was awarded presentence confinement credit for the period in question in No. 02CR1373, he received full credit against the total term of imprisonment. Roy was not entitled to duplicative credit; therefore, the district court did not err in denying his request for additional presentence confinement credit.

This summary is published here courtesy of The Colorado Lawyer. Other summaries by the Colorado Court of Appeals on June 10, 2010, can be found here.

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