JOHNSON v. PERKO

No. 83CA0925.

692 P.2d 1140 (1984)

David Earle JOHNSON, Petitioner-Appellee, v. John PERKO, Acting Director and/or his Successor, Colorado Department of Corrections, Lena Dice, Time Computation Administrator, Colorado Department of Corrections, Gene Tollis, Director, Offender Records, Colorado Department of Corrections, and the Colorado Department of Corrections, Respondents-Appellants.

Colorado Court of Appeals, Div. I.

Certiorari Dismissed December 6, 1984.


Attorney(s) appearing for the Case

Victoria S. Metcalf, William R. Durland, Colorado Springs, for petitioner-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., David R. DeMuro, Asst. Atty. Gen., Denver, for respondents-appellants.


PIERCE, Judge.

Respondents appeal a trial court order requiring the Department of Corrections to comply with an amended mittimus entered by another trial judge after commutation of defendant's sentence by the Governor. We reverse and remand.

In 1975, petitioner was convicted of three counts of aggravated robbery, and sentenced to three consecutive terms of not less than 13 years nor more than 40 years. In 1980, the Governor commuted petitioner's minimum sentences...

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