Executive Director of the Colorado Department of Corrections and Warden for the Buena Vista Correctional Facility…

Summary

The court held that the Department could not calculate Fetzer’s parole eligibility solely from his longest sentence because Colorado law requires multiple sentences to be treated as one continuous sentence. It further held that a governing-sentence approach or comparable method may still be necessary to determine which parole provisions apply to the composite sentence because Fetzer’s sentences are subject to different statutory parole schemes. The court affirmed reversal of the district court’s dismissal but reversed the appellate court’s specific remand instructions and remanded for further proceedings in the district court.