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CARDIEL v. BRITTIAN

No. 91SA348.

833 P.2d 748 (1992)

Andrew Steven CARDIEL, Petitioner-Appellant, v. Jim BRITTIAN, Superintendent of the Limon Correctional Facility, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

July 20, 1992.

Attorney(s) appearing for the Case

David F. Vela, State Public Defender, Kathleen A. Lord, Deputy State Public Defender, Denver, for petitioner-appellant.

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., Yvonne E. Scott, Asst. Atty. Gen., Denver, for respondent-appellee.

Justice LOHR delivered the Opinion of the Court.

Andrew Steven Cardiel appeals from the dismissal of his petition for habeas corpus relief by which he sought release from incarceration based on the contention that he had fully served the sentences imposed on him. We reverse and remand for further proceedings.

I.

The parties are in agreement regarding most of the critical facts surrounding this controversy. It is the legal effect of these

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