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PEOPLE v. HENRY

No. 12CA0786.

310 P.3d 281 (2013)

2013 COA 104

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gesere Q. HENRY, Defendant-Appellant.

Colorado Court of Appeals, Division II.

As Modified on Denial of Rehearing August 15, 2013.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Majid Yazdi , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Britta Kruse , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge LICHTENSTEIN.

¶ 1 Defendant, Gesere Q. Henry, appeals his sentence, arguing that the district court erred in denying him any presentence confinement credit (PSCC). Because we conclude that the court misapprehended its authority under the PSCC statute, we reverse that portion of defendant's sentence and remand for the court to amend the mittimus as directed in this opinion.

I. Background

¶ 2 While on mandatory parole in...

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