SPOTO v. COLO. STATE DEPT. OF CORRECTIONS

No. 93SA361.

883 P.2d 11 (1994)

Vincent J. SPOTO, Petitioner/Appellant, v. COLORADO STATE DEPARTMENT OF CORRECTIONS, Aristedes Zavaras, Executive Director, Robert Furlong, Superintendent, Respondents/Appellees.

Supreme Court of Colorado, En Banc.

October 11, 1994.


Attorney(s) appearing for the Case

Vincent J. Spoto, pro se.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., John August Lizza, First Asst. Atty. Gen., Diane Marie Michaud, Asst. Atty. Gen., Human Resources Section, Denver, for respondents-appellees.


Justice SCOTT delivered the Opinion of the Court.

In this direct appeal we are to decide whether the district court erred in discharging Vincent J. Spoto's petition for writ of habeas corpus. Because Spoto is serving consecutive sentences and thus is not eligible for immediate release, we hold the district court did not err and affirm its ruling.

I

There is no dispute among the parties as to the relevant facts. On February 11, 1991, Vincent J. Spoto...

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