Supreme Court of Colorado

v. People

January 13, 20202020 CO 3

Summary

The court held that a defendant convicted of a second or subsequent misdemeanor DUI offense may receive no more than 365 cumulative days of jail for all probation violations. Because Martinez had already served 355 days for probation violations, the sentencing court could impose only ten additional days, making the later 365-day sentence illegal. The court reversed and remanded for resentencing and correction of the mittimus.