Legal Opinion · Dissent

Castro v. District Court of the Tenth Judicial District

Supreme Court of Colorado

Decided December 20, 1982No. 82SA412Published

1DissentQuinn, Justice

In denying the petitioner credit for 284 days of presentence confinement against a two year sentence to the county jail, the respondent court construed section 16-11-306, C.R.S.1973 (1978 Repl.Vol. 8, 1982 Supp.), to require credit only in the case of offenders sentenced to a correctional facility supervised by the department of corrections. The petitioner does not claim the respondent court’s refusal to grant him credit violates equal protection of the laws, U.S. Const.Amend. XIV; Colo. Const. Art. II, Sec. 25, but instead argues for a statutory construction that requires presentenee…

2Cases cited8 opinions

  1. United States v. Bernard GainesCourt of Appeals for the Second Circuit · 1971
  2. Donald R. Ham v. State of North Carolina v. Lee Bounds, Prison DirectorCourt of Appeals for the Fourth Circuit · 1973
  3. Michael R. King v. Donald W. Wyrick, Warden, Missouri State Penitentiary, Jefferson City, MissouriCourt of Appeals for the Eighth Circuit · 1975
  4. Godbold v. District Court in & for the Twenty-First Judicial DistrictSupreme Court of Colorado · 1981
  5. Elmer L. Johnson v. Paul Prast, Harold Smith v. Ramon L. GrayCourt of Appeals for the Seventh Circuit · 1977

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