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 the defendant is sentenced 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 against her Jefferson County sentence. Justice Márquez and Justice Hood, joined by Justice Gabriel, dissented, concluding that the Jefferson County charges concurrently caused the confinement and that Torrez should receive credit for the entire period.