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AUE v. DIESSLIN

No. 89SA287.

798 P.2d 436 (1990)

Bret A. AUE, Petitioner-Appellant, v. Warren T. DIESSLIN, David Sanchez, and Rod Cozzetto, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 29, 1990.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Robin Desmond, Deputy State Public Defender, Denver, for petitioner-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert C. Ripple, Asst. Atty. Gen., Human Resources, Denver, for respondents-appellees.

Justice MULLARKEY delivered the Opinion of the Court.

This is an appeal of a denial of a petition for a writ of habeas corpus. The petitioner, Bret A. Aue, brought this action in Chaffee County District Court, asking the court to order his release from the custody of the Colorado Department of Corrections (the Department). Aue argued that under the applicable parole provisions he was entitled to mandatory release on parole on April 9, 1989. The trial court dismissed...

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