Guerin v. Fullerton

On May 20, 1963, the petitioner Guerin was sentenced to the Colorado State Penitentiary for a term of not less than 5 years nor more than 10 years with time spent at the county jail from February 5, 1963, to May 20, 1963, to be credited on the sentence.

Some three months thereafter, the respondent judge was advised by the parole board that it would give no credit for jail time spent prior to the sentence date. Thereupon, sua sponte and without notice, the respondent judge struck from the original sentence the words “time spent in the county jail from February 5, 1963, to present date be…