Executive Director of the Colorado Department of Corrections v. Fetzer

Citations

• 2017 CO 77
• 396 P.3d 1108
• 2017 WL 2729857
• 2017 Colo. LEXIS 556

Syllabus

The Department of Corrections petitioned for review of the Court of Appeals' judgment reversing an order of the district court that denied Fetzer's petition pursuant to CRCP 106(a)(2). Fetzer's petition sought an order compelling the recalculation of his parole eligibility date, asserting that the Department's \governing sentence\ method, which calculated his parole eligibility date solely on the basis of the longest of his concurrent sentences, violated the statutory requirement that his multiple sentences be treated as one continuous sentence. The Court of Appeals reversed and remanded for recalculation, reasoning both that, contrary to the Department's understanding, the statutory continuous sentence requirement applies to concurrent as well as consecutive sentences and that the Department's \governing sentence\ method of calculation could not apply to Fetzer's sentences because they were all subject to the same statutory parole provisions.