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BENZ v. PEOPLE

No. 99SC223.

5 P.3d 311 (2000)

Richard S. BENZ, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

July 3, 2000.

Attorney(s) appearing for the Case

Cleaver & Cleaver, Thoburn G. Cleaver, III, Boulder, Colorado, Ingrid J. DeFranco, Boulder, Colorado, Attorneys for Petitioner.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Alan J. Gilbert, Solicitor General, Lauren A. Edelstein, Assistant Attorney General, Appellate Division, Denver, Colorado, Attorneys for Respondent.

Justice HOBBS delivered the Opinion of the Court.

We granted certiorari in this case1 to review the resentencing of Richard S. Benz (Benz) following his initial acceptance and subsequent rejection from a community corrections program. We hold that section 17-27-103(7), 6 C.R.S. (1999), provides for the sentencing court, as the referring agency, to conduct the administrative review process if the community corrections board or program has...

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