Exec. Dir. of the Colo. Dept. of Corr. v. FetzerAnnotate this Case
The department of corrections petitioned for review of the court of appeals’ judgment reversing a district court order denying Raymond Fetzer’s petition pursuant to C.R.C.P. 106(a)(2). Fetzer’s petition sought an order compelling the recalculation of his parole eligibility date, asserting that the department’s “governing sentence” method, which calculated his parole eligibility date solely on the basis of the longest of his concurrent sentences, violated the statutory requirement that his multiple sentences be treated as one continuous sentence. The court of appeals reversed and remanded for recalculation, reasoning both that, contrary to the department’s understanding, the statutory continuous sentence requirement applies to concurrent as well as consecutive sentences and that the department’s “governing sentence” method of calculation could not apply to Fetzer’s sentences because they were all subject to the same statutory parole provisions. Because Fetzer’s multiple sentences were not all subject to the same statutory parole provisions, as indicated in the court of appeals’ opinion, reference to a governing sentence, or some comparable means of determining the applicable incidents of his parole, may have remained necessary to the calculation of Fetzer’s parole eligibility date. The judgment of the court of appeals reversing the district court’s order was therefore affirmed. Its remand order, directing the department to recalculate Fetzer’s parole eligibility date in accordance with its opinion, however, was reversed, and the case remanded with directions that it be returned to the district court.