Benz v. People

We granted certiorari in this case 1 to review the resentencing of Richard S. Benz (Benz) following his initial acceptance and subsequent rejection from a community corrections program. We hold that section 17-27-103(7), 6 C.R.S. (1999), provides for the sentencing court, as the referring agency, to conduct the administrative review process if the community corrections board or program has not done so. Here, the sentencing court provided the review contemplated by statute when it acted upon Benz's rejection from community corrections. Thus, we affirm the judgment of the court of appeals. See…