People v. Kastning

BABCOCK, Judge.

Defendant, Harold Lee Kastning, appeals the trial court’s order denying his motion for postconviction relief. We reverse.

Defendant was sentenced to three consecutive two-year terms for burglary, and to concurrent one-year and 90-day terms for theft. However, he was not taken directly to the Department of Corrections; instead, his sentence was “stayed” while he was sent to the Colorado State Hospital for treatment. After treatment, defendant was returned to the county jail.

The sentencing court then modified defendant’s mittimus to “stay” his imprisonment, and defendant was…