Background

• Troy Andrew Mitchell was convicted in Colorado for identity theft and third-degree burglary, following prior convictions and confinement in Washington for related conduct in multiple states.
• Douglas County, Colorado issued a $25,000 bond warrant for Mitchell's arrest in November 2019, while he was already imprisoned in Washington for different charges.
• Mitchell, serving a Washington sentence, requested to address the Colorado charges or have the warrant quashed in January 2022, triggering discussions about his extradition and pre-sentence confinement credit (PSCC).
• The Douglas County warrant was not lodged as a formal detainer in Washington until January 2023, after which Mitchell was extradited and pled guilty in Colorado.
• At sentencing, the trial court granted Mitchell 561 days of PSCC, from his January 4, 2022, request to address Colorado charges until his sentencing, to be served concurrently with his Washington and Oregon sentences.
• Mitchell appealed, seeking additional PSCC for his earlier time in Washington custody, arguing his Colorado warrant mandated his ongoing confinement.

Issues

Key Cases Cited

• People v. Johnson, 797 P.2d 1296 (Colo. 1990) (presentence confinement credit is only for time attributable to the sentencing charge and not duplicative)
• People v. Bray, 819 P.2d 528 (Colo. App. 1991) (no PSCC for out-of-state confinement absent formal Colorado extradition warrant)
• People v. Finley, 141 P.3d 911 (Colo. App. 2006) (no PSCC for independent out-of-state confinement when not held on Colorado charges)
• People v. Henry, 2013 COA 104M (Colo. App. 2013) (trial court must grant PSCC if legally entitled, but the burden is on defendant)
• People v. Smith, 183 P.3d 726 (Colo. App. 2008) (defendant must show a substantial nexus between charge and confinement for PSCC)