Jefferson County District Court No. 09CR3495 Honorable Jane A. Tidball, Judge
John W. Suthers, Attorney General, Kevin E. McReynolds, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee
Leslie A. Goldstein, Attorney at Law, L.L.C., Leslie A. Goldstein, Steamboat Springs, Colorado, for Defendant-Appellant
¶ 1 Defendant, Jeremiah Nathanial Houston, appeals the district court's order granting in part and denying in part his motion seeking 724 days of presentence confinement credit (PSCC). The district court granted him 130 days of PSCC, the amount agreed to by the People. We affirm in part, reverse in part, and remand.
¶ 2 The question in this case is how much PSCC defendant is entitled to for the period spanning from late 2009 (when defendant was charged, served with an arrest warrant, and incarcerated in this Jefferson County case) to late 2012 (when the district court revoked defendant's probation and sentenced him to prison). The question is complicated by defendant's confinement for substantial portions of this three-year span in either Larimer County or Denver County in two other district court cases. Within this larger time frame, three periods are relevant, as explained further below.
I. Applicable Law and Standard of Review
¶ 3 "A person who is confined for an offense prior to the imposition of sentence for said offense is entitled to credit against the term of his or her sentence for the entire period of such confinement." § 18-1.3-405, C.R.S. 2013. There must be "a 'substantial nexus' between the offense and the period of confinement for which PSCC is sought." People v. Howe, 2012 COA 177, ¶ 13 (quoting People v. Hoecher, 822 P.2d 8, 12 (Colo. 1991), and citing Schubert v. People, 698 P.2d 788, 795 (Colo. 1985)).
¶ 4 We review de novo whether a defendant is entitled to PSCC. Id. at ¶ 12.
II. The First Relevant Period: December 22, 2009 – November 5, 2010
¶ 5 The first relevant period we examine is from December 22, 2009, when defendant was served with an arrest warrant in this case, to November 5, 2010, when he was first sentenced to probation and released from confinement (the first period). Defendant contends that he is entitled to 319 days of PSCC for this entire period. The People argue that he is entitled to PSCC for only eighty-four days of this first period, reflecting the amount of time during this period that he was in physical custody in Jefferson County. As to this first period, we agree with the People.
A. Further Background
¶ 6 In 2001, in Larimer County case number 00CR1393, defendant pleaded guilty to sexual assault on a child, and was sentenced to sex offender intensive supervision probation for ten years to life. In early November 2009, a complaint for revocation of probation was filed in that case, and a warrant was issued for his arrest.
¶ 7 On November 25, 2009, police officers in Jefferson County were investigating a burglary and contacted defendant. Although defendant gave the officers false information about his identity, the officers soon learned his true identity and of the Larimer County warrant. Over defendant's resistance, the ...