PEOPLE v. NEALOUS

No. 83CA1062.

703 P.2d 624 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Calvin Roy NEALOUS, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 7, 1985.

Certiorari Denied July 1, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Milton Hutchins, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Pub. Defender, Michael J. Heher, Deputy State Pub. Defender, Jody Sorenson Theis, Deputy State Pub. Defender, Denver, for defendant-appellant.


PIERCE, Judge.

Defendant, Calvin Roy Nealous, appeals from a denial of his Crim. P. 35(a) motion to correct an allegedly illegal sentence. We agree with defendant that the trial court was required to give him credit for the period he served in jail before being sentenced on the charge of attempted escape. Thus, we reverse the order and remand the cause for resentencing.

While serving a sentence at a community responsibility center on work release, defendant...

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