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NOWAK v. SUTHERS

Supreme Court Case No. 11SA309.

320 P.3d 340 (2014)

2014 CO 14

Jeffrey T. NOWAK, Petitioner-Appellee v. Attorney General John W. SUTHERS; Warden Pamela Plough, Colorado Territorial Correctional Facility; and Rick Raemisch, Executive Director of the Colorado Department of Corrections, Respondents-Appellants.

Supreme Court of Colorado.

February 24, 2014.

Attorney(s) appearing for the Case

Jeffrey T. Nowak, pro se, Lake Zurich, Illinois.

Attorneys for Respondents-Appellants: John W. Suthers , Attorney General, Nicole S. Gellar , Assistant Attorney General, Denver, Colorado.

En Banc

JUSTICE HOOD delivered the Opinion of the Court.

¶ 1 In this habeas corpus appeal, we consider whether section 17-22.5-101, C.R.S. (2013), requires the Colorado Department of Corrections ("DOC") to construe an inmate's sentences as one continuous sentence in determining his parole eligibility date ("PED"), when the second sentence is not imposed until after the PED for the first sentence has passed, and when doing so would result in the inmate becoming parole...

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