July 17, 2019

Colorado Court of Appeals: Defendant Only Entitled to Presentence Confinement Credit for Time Spent in Jail After Parole Discharged

The Colorado Court of Appeals issued its opinion in People v. Carillo on Thursday, January 17, 2013.

Misdemeanor—Unlawful Sexual Contact—Parole—Presentence Confinement Credit.

Defendant appealed the sentence imposed on the judgment of conviction entered following his guilty plea to misdemeanor unlawful sexual contact. The sentence was affirmed.

While defendant was on parole for another offense, police arrested him on suspicion of sexual assault and other offenses and booked him into the Pueblo County Jail. Unable to post bond, he remained there pending disposition of the charges. After defendant pleaded guilty to misdemeanor unlawful sexual contact, the court found that defendant was entitled to nineteen days of presentence confinement credit (PSCC) against his misdemeanor sentence at the sentencing hearing, even though defendant spent 274 days in presentence confinement.

Defendant contended that the trial court erred in awarding him only nineteen days of PSCC. In enacting CRS § 18-1.3-509, the General Assembly intended that credit for time served on misdemeanor offenses should be treated the same as credit for time served on felony offenses. Therefore, defendant was not entitled to credit against his new misdemeanor sentence for time served while on parole for a previous offense.

Summary and full case available here.

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