In Re Marriage of Helmich

Judge CRISWELL

concurring in part and dissenting in part.

I agree with Part II of the majority’s opinion in which it concludes that a punitive sentence imposed under C.R.C.P. 107 must be subject to a “good time” credit under *901§§ 17-26-109 and 17-26-115, C.R.S. (1986 Repl.Vol. 8A). However, because I am convinced that the result of Part I of the majority’s opinion is to thwart the will of the General Assembly, as that will is evidenced by § 18-1-1002, C.R.S. (1992 Cum.Supp.), I respectfully dissent from that part of the opinion.

As the majority notes, defendant relies upon § 18-1-1002, which…