People v. Winters

Opinion by

Judge REED.

In this appeal, the People challenge the sentence imposed by the trial court upon the defendant, Robert Alexander Winters. The sole issue raised is whether the defendant is entitled to receive credit for the period of time when he was under supervision in a non-residential community corrections program. We hold that defendant is not entitled to this credit and, therefore, vacate that portion of the sentence.

Defendant was convicted of the class three felony of possession or sale of 28 grams or more of cocaine as set out in § 18-18-105(3), C.R.S. (1986 Repl.Vol. 8B). By the…