Fransua v. Colorado
Annotate this CaseTwo separate criminal cases gave rise to the questions presented in this case. (1) In October 2013, Michael Fransua was arrested after he unlawfully entered his former girlfriend’s house and assaulted her. Fransua was charged with second-degree burglary, third-degree assault, and harassment; two months later, he posted bond and was released from jail. (2) While out on bond, in March 2014, Fransua was arrested after he again entered his former girlfriend’s house and refused to leave. This time, Fransua was charged with first-degree trespass, violation of bail bond conditions, and violation of a protection order. Although Fransua posted bond in the first case, and thus was released from jail pending trial in that case, he was unable to post bond in the second case. As a result, Fransua was confined from the date he was arrested in the second case, to the date he was sentenced in the first case. During this 108-day period of confinement, however, Fransua’s bond in the first case was never revoked or modified. In exchange for a complete dismissal of the second case, as well as all original charges in the first case, Fransua pled guilty to a single count of attempted second-degree burglary in the first case. He was sentenced to a term of five years in community corrections as part of that plea agreement. Three months later, Fransua escaped from community corrections. Consequently, he was resentenced to a term of five years in the custody of the Department of Corrections. During Fransua’s resentencing hearing, he requested 245 days of PSCC. The district court, however, awarded him only 162 days. His case presented a question of whether he was entitled to presentence confinement credit ("PSCC") for time spent in jail because he was unable to post bond in his second case. Further, the Colorado Supreme Court addressed whether defendant was entitled to credit for both the first and last days of his presentence confinement. The Court concluded Fransua was not entitled to credit in his first case from his confinement in the second case. Fransua was entitled to credit for both the first and last days of his presentence confinement.
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