McLEOD v. BRITTAIN

No. 85SA163.

728 P.2d 1296 (1986)

Eric McLEOD, Petitioner-Appellant, v. James BRITTAIN, Superintendent, Colorado Territorial Correctional Facility, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

December 15, 1986.


Attorney(s) appearing for the Case

David F. Vela, State Public Defender, Denver and David R. Galindo, Salida, for petitioner-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen. and Terrence A. Gillespie, Asst. Atty. Gen., Denver, for respondent-appellee.


KIRSHBAUM, Justice.

Appellant, Eric McLeod, filed a petition for writ of habeas corpus in the Fremont County District Court, asserting that the method used by the Department of Corrections (the Department) to calculate trusty time under section 17-22.5-201(2), 8A C.R.S. (1986), is not authorized by that statute. The trial court denied the petition. We affirm.

The General Assembly has authorized the Department to designate inmates in the state's correctional...

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