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PEOPLE v. JOHNSON

No. 99SC780.

13 P.3d 309 (2000)

The PEOPLE of the State of Colorado, Petitioner, v. Mark A. JOHNSON, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing October 10, 2000.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, John J. Krause, Assistant Attorney General, Appellate Division, Denver, Colorado, Attorneys for the Petitioner

David Kaplan, State Public Defender, Elizabeth Griffin, Deputy State Public Defender, Denver, Colorado, Attorneys for the Respondent

Justice BENDER delivered the Opinion of the Court.

I. INTRODUCTION

In this case, we construe the words "offender's sentence" in section 17-27-105(1)(e), 6 C.R.S. (1999), which permits a court to resentence a felony offender who is rejected after acceptance by a community corrections program. We hold that under this statute, the term "offender's sentence" refers only to the term of imprisonment ordered by the trial court as part of the resentencing and excludes...

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