GUERIN v. FULLERTON

No. 21110.

389 P.2d 84 (1964)

Gerald David GUERIN, Petitioner, v. Honorable Robert P. FULLERTON, Judge of the District Court in and for the City and County of Denver, State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

February 3, 1964.


Attorney(s) appearing for the Case

Gerald David Guerin, pro se.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., for respondent.


PRINGLE, Justice.

On May 20, 1963 the petitioner Guerin was sentenced to the Colorado State Penitentiary for a term of not less than 5 years or 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...

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