2021 Colorado Code
Title 18 - Criminal Code
Article 1.3 - Sentencing in Criminal Cases
Part 5 - Misdemeanor and Petty Offense Sentencing
§ 18-1.3-508. Definite Sentence Not Void

If, through oversight or otherwise, any person is sentenced or committed to the custody of the executive director of the department of corrections for the commission of a misdemeanor for a definite period of time, the sentence or commitment shall not for that reason be void, but the person so sentenced or committed shall be subject to the liabilities and entitled to the benefits which are applicable to those persons who are properly sentenced.

History. Source: L. 2002: Entire article added with relocations, p. 1419, § 2, effective October 1.

This section is similar to former § 16-11-303 as it existed prior to 2002.

Law reviews. For article, “Commitment of Misdemeanants to the Colorado State Reformatory”, see 29 Dicta 294 (1952).

Annotator's note. Since § 18-1.3-508 is similar to § 16-11-303 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing that provision have been included in the annotations to this section.

There is no irreconcilable inconsistency between this section and Crim. P. 35(a). This section corrects a specific error committed in sentencing. It changes the erroneous sentence automatically, with the same effect as if the judge had sentenced correctly. Smith v. Johns, 187 Colo. 388 , 532 P.2d 49 (1975).

Remand for resentencing. Sentence imposed by trial court which fixed a minimum term, contrary to the requirements of § 16-11-304 , was erroneous, but since there is no statute which automatically corrects erroneous sentences of the trial court, the case is remanded to the trial court with directions to vacate that sentence and to resentence the defendant in accordance with law. People v. Sandoval, 36 Colo. App. 403, 541 P.2d 105 (1975).

Applied in People v. Nix, 44 Colo. App. 195, 610 P.2d 1088 (1980).