VAUGHN v. GUNTER

No. 91SA39.

820 P.2d 659 (1991)

Cedrick VAUGHN, Petitioner-Appellee, v. Frank GUNTER, Executive Director of the Department of Corrections, and Bill Boggs, Superintendent, Rifle Correctional Center, Respondents-Appellants.

Supreme Court of Colorado, En Banc.

December 3, 1991.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., John August Lizza, First Asst. Atty. Gen., Paul S. Sanzo, Asst. Atty. Gen., Human Resources Section, Denver, for respondents-appellants.

No appearance for petitioner-appellee.


Justice MULLARKEY delivered the Opinion of the Court.

The Department of Corrections (Department) brings this appeal from the trial court's order granting a petition for writ of habeas corpus filed by an inmate, Cedrick Vaughn. We have jurisdiction of this appeal pursuant to section 13-4-102(1)(e), 6A C.R.S. (1987). The trial court held that, although Vaughn was not entitled to absolute release, he was entitled to be released on parole. We agree.

I.

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