The People of the State of Colorado, Petitioner/cross-Respondent v. Amber Lee Torrez, Respondent/cross-Petitioner

Summary

The court held that presentence confinement credit is available only when the offense for which credit is sought caused the confinement, measured by whether the defendant would have been released absent that offense. Because Torrez would have remained confined on the unrelated Denver charges both before and after the insanity verdict, she was not entitled to credit for either period, although the court left undisturbed the credit for time actually spent in Jefferson County. Justice Márquez and Justice Hood dissented, concluding that the Jefferson County charges concurrently caused Torrez’s confinement and that she should receive credit for the full period.