[Download] "People v. Dempsey" by Colorado Court of Appeals No. 80CA0687 # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Dempsey
- Author : Colorado Court of Appeals No. 80CA0687
- Release Date : January 29, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Opinion by JUDGE KELLY The defendant pleaded guilty to robbery committed on July 28, 1979, and was sentenced to a term of three years, plus one year of parole, to run concurrently with the sentence then being served by him. See § 18-4-301(2), C.R.S. 1973; § 18-1-105(1)(a), C.R.S. 1973 (1979 Cum. Supp.). The sentence recites: This sentence is imposed after giving full consideration for all presentence confinement which the defendant has undergone with respect to the transaction for which he is being sentenced, and the sentence imposed reflects that credit was given for such confinement. The defendant's post-conviction motion for correction of the sentence was denied by the trial court in an order reciting that the Court in giving a three-year sentence did consider the time the defendant spent in the county jail. The defendant contends that § 16-11-306, C.R.S. 1973 (1979 Cum. Supp.) requires the court to make a finding of the amount of the presentence confinement served, and to include this finding in the mittimus. The attorney general agrees, and has confessed error. We remand the case to the trial court for further proceedings.