Supreme Court of Colorado

Scott Edward Diehl, Petitioner-Appellee v. Philip J. Weiser, Colorado Attorney General ; Jason Lengerich

July 1, 2019444 P.3d 313

Summary

The court held that, when an inmate released to mandatory parole is reincarcerated for a parole violation and receives concurrent sentences for additional offenses, the Department of Corrections may calculate the inmate's new parole eligibility date using the beginning of the mandatory-parole period as the start of the one continuous sentence. Although the appeal became moot after the inmate was released on parole, the court reached the merits because the issue was capable of repetition yet likely to evade review. The court therefore reversed the district court's judgment.