Summary
holding prisoner serving Colorado sentence was entitled to credit for time he was in New Mexico pursuant to interstate Agreement on Detainers
Summary of this case from State v. LeahyOpinion
No. 82SA233
Decided June 28, 1982.
Original Proceeding
J. Gregory Walta, Colorado State Public Defender, Daniel W. Edwards, Deputy State Public Defender, for petitioner.
G. F. Sandstrom, Jr., District Attorney, Matthew Martin, Deputy District Attorney, for respondent.
En Banc.
The petitioner filed this original proceeding seeking a writ in the nature of mandamus under C.A.R. 21. We issued a rule to show cause why the respondent should not be ordered to grant petitioner credit on his Colorado sentence with the time he was in New Mexico pursuant to the Agreement on Detainers, section 24-60-502, et seq., C.R.S. 1973.
The District Attorney for Pueblo County has entered his appearance on behalf of the respondent and agrees with the petitioner that the time spent in New Mexico pursuant to the Agreement on Detainers should be counted against petitioner's original sentence to the Pueblo County Jail.
The rule is made absolute.
JUSTICE DUBOFSKY does not participate.