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PEOPLE v. ALDERMAN

No. 84CA1291.

720 P.2d 1000 (1986)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John H. ALDERMAN, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 17, 1986.

Certiorari Denied June 23, 1986.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Robert Petrusak, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, and Judy Fried, Deputy State Public Defender, Denver, for defendant-appellant.

METZGER, Judge.

Defendant, John H. Alderman, appeals the denial of his Crim.P. 35(c)(2)(I) motion seeking the grant of earned time credit. We affirm.

On February 15, 1983, defendant entered a plea of guilty to felony theft and was incarcerated in the Denver County Jail. On May 17, 1983, defendant was sentenced to the Department of Corrections for a term of six years, plus one year of parole. However, because of overcrowded conditions at the Department of Corrections...

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