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PIPKIN v. BRITTAIN

No. 84CA1133.

713 P.2d 1358 (1985)

William D. PIPKIN, Petitioner-Appellee, v. James BRITTAIN, Superintendent, Colorado Territorial Correctional Facility, Respondent-Appellant.

Colorado Court of Appeals, Div. III.

December 26, 1985.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Kenneth M. Plotz, Deputy State Public Defender, Salida, for petitioner-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Daniel Dailey, First Asst. Atty. Gen., Denver, for respondent-appellant.

BERMAN, Judge.

This appeal was taken by the respondent, superintendent of the Colorado Territorial Correctional Facility, after the district court of Fremont County ruled that the Denver District Court had erred in its order which computed petitioner's presentence confinement credit in accordance with § 16-11-306, C.R.S. (1985 Cum.Supp.). Petitioner's action was originally in the form of a writ of habeas corpus. A resulting appeal was filed in the Colorado Supreme...

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