People v. Calyer

KIRSHBAUM, Justice.

The People appeal an order of the El Paso County District Court granting Alvin Harry Calyer’s habeas corpus petition for release from the custody of the Colorado Department of Corrections (the Department). The judge who initially sentenced Calyer to the custody of the Department entered the release order on the ground that Calyer had been incarcerated longer than authorized by the original sentence. We vacate the order and remand the case for further proceedings.

I

Calyer was convicted on March 3, 1978, of five counts of aggravated robbery and one count of theft. He had been…