Spoto v. Colorado State Department of Corrections

In this direct appeal we are to decide whether the district court erred in discharging Vincent J. Spoto’s petition for writ of habeas corpus. Because Spoto is serving consecutive sentences and thus is not eligible for immediate release, we hold the district court did not err and affirm its ruling.

I

There is no dispute among the parties as to the relevant facts. On February 11, 1991, Vincent J. Spoto pleaded guilty to second degree murder, 1 a class 2 felony. 2 Given credit for time served since December 17, 1984, he commenced a seventeen-year sentence of confinement and was placed in the…