PEOPLE v. HOECHER

Nos. 90SC601, 90SC749 and 90SC769.

822 P.2d 8 (1991)

The PEOPLE of the State of Colorado, Petitioner, v. Randolph HOECHER, Respondent. The PEOPLE of the State of Colorado, Petitioner, v. Frank GAMINO, Jr., Respondent. The PEOPLE of the State of Colorado, Petitioner, v. Christopher ANDERSON, Respondent.

Supreme Court of Colorado, En Banc.

December 9, 1991.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for petitioner.

David F. Vela, Colorado State Public Defender, Janet Fullmer Youtz, Deputy State Public Defender, Denver, for respondent Hoecher.

David F. Vela, Colorado State Public Defender, Martin J. Gerra, Deputy State Public Defender, Denver, for respondent Gamino.

Robert Justin Driscoll, Denver, for respondent Anderson.


Justice QUINN delivered the Opinion of the Court.

These three cases raise a single issue: whether a defendant who is originally sentenced to a community correctional facility for a definite term, serves part of the sentence as a resident of the facility, is thereafter released from the facility and is permitted to serve the remainder of his sentence as a nonresident, and subsequently violates a rule or condition of the community correctional placement, is entitled...

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