Supreme Court of Colorado

21SC52- Owens v. Carlson

June 21, 2022511 P.3d 637

Summary

The court held that the Department of Corrections could not apply the 75% parole-eligibility rule to all three of Owens's consecutive sentences because one sentence was governed by the 50% rule. It required a hybrid calculation: apply each statutory percentage to the sentence it governs and combine the results for the single continuous sentence. The court also held that Owens's aggravated-robbery sentences were subject to the 75% rule and reversed the court of appeals, although no further substantive action was required because DOC had already adopted the correct calculation.