Martinez v. Colorado
Annotate this CaseAfter pleading guilty to Driving While Ability Impaired, Quinten Martinez was sentenced to jail and probation under section 42-4-1307, C.R.S. (2019). The county court twice revoked his probation and resentenced him. Martinez has served 608 days in jail related to this offense, of which 458 stem from probation violations. Martinez appealed, asserting that the maximum jail sentence the court could impose was ten days. Martinez had moved for a stay of execution, which the trial court granted. By the time the stay entered, Martinez had already served 103 days of his 365-day sentence on the second revocation. After review, the Colorado Supreme Court concluded that when a defendant is sentenced to probation as part of his sentence for a second or subsequent DUI offense and then violates the terms of that probation, the sentencing court may impose all or part of the suspended 365-day jail sentence but can impose no more than 365 days cumulative jail time for all probation violations.
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