Zaborski v. Colorado Department of Corrections

The Colorado Department of Corrections (Department), appeals the order of the district court granting petitioner Frank J. Za-borski’s petition for writ of habeas corpus. We have jurisdiction of this case pursuant to section 13-4-102(l)(e), 6A C.R.S. (1987). The court ruled that the Department’s failure to appear at the hearing was a confession of the writ of habeas corpus and ordered the petitioner released. We vacate the order and remand the case for further proceedings.

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Zaborski was sentenced to two years imprisonment for attempt to commit theft, a class 5 felony. The sentence was to run…