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PEOPLE v. CALYER

No. 85SA152.

736 P.2d 1204 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Alvin Harry CALYER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

May 18, 1987.

Attorney(s) appearing for the Case

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

Warren, Mundt, Martin & O'Dowd, P.C., Robert B. Warren, John H. O'Dowd, Colorado Springs, for defendant-appellee.

KIRSHBAUM, Justice.

The People appeal an order of the El Paso County District Court granting Alvin Harry Calyer's habeas corpus petition for release from the custody of the Colorado Department of Corrections (the Department). The judge who initially sentenced Calyer to the custody of the Department entered the release order on the ground that Calyer had been incarcerated longer than authorized by the original sentence. We vacate the order and remand the case for further...

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