Legal Question in Criminal Law in Colorado

i was sentenced to a 15 year DOC for distribution and a firearm. I then got reconsideration to serve a 5 year and 3 year sentence to a community corrections. with no time served. I since have completed my 5 year sentence with only one write up. I am now on my 3 year sentence. my case manager has told me to get a laywer to get out of the halfway house. every time i contact one they say i only had 120 days after sentencing. is there something i can tell them so they will at least hear me to help they hear i already served 5 years and say no. i will have a letter for my case manager and from the director of the halfway house giving me a recomendation to be time served. what can i do?


Asked on 3/08/11, 8:00 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

You are going the wrong way. Whether you are released is a decision by the executive branch (DoC through your case mgr). Separation of powers is at issue here. The judicial branch had jurisdiction through the time of sentencing, and for 120 days thereafter (that is the number that the state legislature picked). Upon the judicial branch losing jurisdiction, the executive branch has the power. DoC, a case manager, parole officer, etc. all operate under the executive branch. BUT: If your sentence can be attacked as an illegal sentence (pursuant to Crim. P. Rule35(a) - not 35(b)), the 120 days do not matter. An illegal sentence may be attacked at any time. I would get your original and revised mittimus orders, see about the grant/denial of CTS. A longshot, but it is one that you have left.

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Answered on 3/08/11, 9:55 am


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