Peo v. Soghigian
23CA1027
| Colo. Ct. App. | Sep 12, 2024Background
- Ben Robert Soghigian pled guilty to multiple theft and forgery-related charges in four Colorado cases in exchange for dismissal of other charges and was sentenced to a total of 16 years, to run concurrently with an 8-year sentence he was already serving in Arizona.
- Soghigian remains incarcerated in Arizona, and in 2022, he filed a postconviction motion (Crim. P. 35(c)) seeking a review by the Colorado DOC for eligibility for earned time credits based on his performance in Arizona.
- He argued that the DOC’s failure to review his record and grant earned time credits was both a statutory violation and an as-applied equal protection violation.
- The postconviction court denied his motion, determining that his claims were not the proper subject of a Crim. P. 35(c) proceeding, but instead should be brought as a civil action against the DOC.
- On appeal, Soghigian abandoned his initial claim that his sentence confinement portion had been fully served, focusing solely on challenging the DOC’s earned time credit procedures and their constitutionality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are earned time credit claims cognizable under Crim. P. 35(c)? | DOC decisions not subject to 35(c) | Soghigian eligible for review under 35(c) | No; must be brought as civil action against DOC |
| DOC’s failure to review out-of-state record violates statutes/equal protection | Statutes don’t mandate cross-state reviews | DOC required to review Arizona record; equal protection violated | No 35(c) claim; proper remedy is civil suit |
| Does Crim. P. 35(c) encompass DOC administration issues? | Only sentences imposed, not DOC acts | 35(c) covers unconstitutional application by DOC | DOC administration challenges not covered by 35(c) |
| Does Soghigian have a right to be released under these claims? | No right to release claimed | Initially claimed, then abandoned | Not raised; thus, not ripe for postconviction relief |
Key Cases Cited
- People v. Turman, 659 P.2d 1368 (Colo. 1983) (postconviction jurisdiction for earned time claims limited to certain constitutional violations)
- Verrier v. Colo. Dep’t of Corr., 77 P.3d 875 (Colo. App. 2003) (earned time credit at DOC’s discretion)
- Renneke v. Kautzky, 782 P.2d 343 (Colo. 1989) (DOC authority over earned time deductions)
- Naranjo v. Johnson, 770 P.2d 784 (Colo. 1989) (Crim. P. 35(c) only for sentencing or conviction challenges, not DOC administration)