[DOWNLOAD] "People v. Regan" by Colorado Supreme Court No. 25094 * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Regan
- Author : Colorado Supreme Court No. 25094
- Release Date : January 04, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Charles Clyde Regan is presently serving a sentence of not less than five and one-half years nor more than ten years in the
Colorado State Penitentiary for the crime of larceny by bailee. Following denial of a motion to correct sentence under Crim.
P. 35(a), he prosecuted an appeal to this Court. Looking to our holding in Maciel v. People, 172 Colo. 8, 469 P.2d 135 (1970),
he contends that he must be awarded credit for the time he was confined in the county jail before he plead guilty and was
sentenced to a term in the penitentiary. All of the arguments raised by this appeal have been considered in People v. Jones, 176 Colo. 61, 489 P.2d 596; People v.
Taylor and People v. Puls, 176 Colo. 71, 489 P.2d 323 announced this date. Here, there was no plea bargain that formed the
basis of the defendant's change of plea, and the trial judge informed the defendant that he was granting credit for the time
spent in the county jail before sentence was imposed. Maciel would indicate that credit was given on the minimum sentence,
but it was impossible to have given credit on the maximum sentence. By not granting credit to the defendant on the maximum
sentence, the court was, in fact, extending the sentence beyond the statutory limits. The reasoning and the rationale behind
our decision in the Jones case is equally applicable to this case.