Cardiel v. Brittian

Andrew Steven Cardiel appeals from the dismissal of his petition for habeas corpus relief by which he sought release from incarceration based on the contention that he had fully served the sentences imposed on him. We reverse and remand for further proceedings.

I

The parties are in agreement regarding most of the critical facts surrounding this controversy. It is the legal effect of these facts that the parties dispute. On March 1, 1985, appellant Cardiel was convicted in Eagle County District Court of second-degree sexual assault 1 and sentenced to the custody of the Department of Corrections…