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COLLINS v. GUNTER

No. 91SA346.

834 P.2d 1283 (1992)

Richard D. COLLINS, Petitioner-Appellee, v. Frank GUNTER, Executive Director, Colorado Department of Corrections, Lou Hesse, Superintendent, Centennial Correctional Facility, Respondents-Appellants.

Supreme Court of Colorado, En Banc.

July 20, 1992.

Attorney(s) appearing for the Case

Richard D. Collins, pro se.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Yvonne E. Scott, Asst. Atty. Gen., Denver, for respondents-appellants.

Justice QUINN delivered the Opinion of the Court.

This appeal arises out of a habeas corpus proceeding in which the district court treated a petition for writ of habeas corpus as a petition for declaratory relief under C.R.C.P. 57 and ruled that, pursuant to section 17-22.5-104(2), 8A C.R.S. (1986), the petitioner, Richard D. Collins, would be eligible for parole consideration after serving twenty calendar years on a life sentence imposed pursuant to Colorado's habitual...

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