WHIDDEN v. PEOPLE

No. 02SC481.

78 P.3d 1092 (2003)

Alexander WHIDDEN, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, EN BANC.

As Modified on Denial of Rehearing November 17, 2003.


Attorney(s) appearing for the Case

Philip A. Cherner, Denver, Colorado, Attorney for Petitioner.

Ken Salazar, Attorney General, Christine C. Brady, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent.


Justice BENDER delivered the Opinion of the Court.

Introduction

In this parole revocation appeal, we consider whether the Colorado Board of Parole has the authority to revoke parole and return a parolee to the Department of Corrections based on a single positive drug test. To answer this question we construe four complex and conflicting statutes: § 17-2-201(5.5), 6 C.R.S. (2002); § 17-2-102(8.5), 6 C.R.S. (2002); § 17-2-103, 6 C.R.S. (2002...

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