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BYNUM v. KAUTZKY

No. 88SA359.

784 P.2d 735 (1989)

Cecil O. BYNUM, Petitioner-Appellant, v. Walter L. KAUTZKY, Executive Director, Colorado Department of Corrections, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

December 4, 1989.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, and Janet Fullmer Youtz, Deputy State Public Defender, Denver, and Kenneth M. Plotz, Deputy State Public Defender, Salida, for petitioner-appellant.

Duane Woodard, Colorado Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Terrence A. Gillespie, Asst. Atty. Gen., Human Resources Section, Denver, for respondent-appellee.

Justice MULLARKEY delivered the Opinion of the Court.

This is an appeal of a denial of a petition for writ of habeas corpus and we have jurisdiction of this appeal pursuant to section 13-4-102(1)(e), 6A C.R.S. (1987). The appellant, Cecil O. Bynum, sought his unconditional release from the custody of the Department of Corrections (the Department), arguing that the plain meaning of the statutes governing parole and sentencing precludes the reincarceration of an inmate...

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