2012 COA 177
Colo. Ct. App.2012Background
- Howe pleaded guilty in Jefferson County in 2005 to possession of more than one gram of a Schedule II substance and was sentenced to two years of probation.
- While on probation, Howe was arrested in El Paso County, and Jefferson County filed a probation revocation complaint and requested an arrest warrant based partly on the El Paso County conduct.
- Two days after the complaint, Jefferson County issued a probation warrant; at the December 2006 revocation hearing Howe admitted violations and the court resentenced him to DOC plus three years of mandatory parole.
- After serving in a halfway house, Howe walked away in 2007, was rearrested in 2010, and sought presentence confinement credit for confinement from March 9, 2006 to December 11, 2006.
- The district court denied the request, finding no substantial nexus and suggesting duplicative credit since Howe had received credit in the El Paso County case.
- Howe appealed, arguing the confinement in El Paso County was the nexus for the Jefferson County revocation and credit should be awarded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a substantial nexus between El Paso confinement and Jefferson revocation? | Howe argues nexus exists due to the revocation conduct. | People argues confinement was caused by El Paso charges, not Jefferson conduct. | Yes; substantial nexus existed and 278 days PSCC awarded. |
| Are the sentences concurrent, permitting PSCC against both? | Credit may apply against both concurrent sentences. | Credit would be duplicative if applied to both. | Sentences were concurrent; PSCC may be awarded against both. |
| Is the appeal moot? | Edwards v. People supports deduction of earned PSCC from parole, so appeal not moot. | Mootness not addressed; focus on PSCC entitlement. | Appeal not moot. |
Key Cases Cited
- Hoecher v. People, 822 P.2d 8 (Colo.1991) (substantial nexus requirement for PSCC)
- Schubert v. People, 698 P.2d 788 (Colo.1985) (confinement must be caused by charges or conduct for which sentence is imposed)
- Massey v. People, 736 P.2d 19 (Colo.1987) (credit against each sentence for charges forming basis when non-duplicative)
- Freeman v. People, 735 P.2d 879 (Colo.1987) (no substantial nexus where charges are unrelated)
- Edwards v. People, 196 P.3d 1138 (Colo.2008) (earned PSCC deduction from parole affects mootness)