People v. Jim
2017 COA 123
| Colo. Ct. App. | 2017Background
- Jeremiah Jim pleaded guilty to attempted aggravated motor vehicle theft and was sentenced to 18 months in community corrections.
- After ~2 months in a residential community corrections facility, Jim escaped; he was arrested and subsequently resentenced to 18 months in DOC custody.
- At resentencing Jim requested 129 days of presentence confinement credit (PSCC); the court initially credited only 67 days (pretrial jail time) and later (postconviction) granted 23 days but denied 62 days for residential community corrections time.
- The district court denied the 62 days for community corrections based on § 18-1.3-301(1)(k), reasoning that escape forfeited credit.
- The People conceded on appeal that the community corrections time qualified as confinement and Jim was entitled to credit; the Colorado Court of Appeals agreed and reversed.
- The Court remanded with directions to amend the mittimus to award the additional 62 days, bringing total PSCC to 152 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether time spent in a residential community corrections program before resentencing qualifies as PSCC | Time in residential community corrections is confinement; defendant entitled to credit | Escape forfeited credit under § 18-1.3-301(1)(k) so no PSCC for that period | Time in residential community corrections is PSCC; escape statute does not bar PSCC; remand to amend mittimus |
Key Cases Cited
- People v. Hoecher, 822 P.2d 8 (Colo. 1991) (residential community corrections confinement counts toward sentence credit)
- People v. McCreadie, 938 P.2d 528 (Colo. 1997) (discussion of community corrections time credits such as good time and earned time)
- People v. Chavez, 122 P.3d 1036 (Colo. App. 2005) (jail, DOC, and residential community corrections placements constitute confinement for PSCC purposes)
- People v. McGraw, 30 P.3d 835 (Colo. App. 2001) (post-placement DOC sentence entitles offender to credit for residential placement days)
- Shipley v. People, 45 P.3d 1277 (Colo. 2002) (statutes within a comprehensive regulatory scheme should be construed harmoniously)