Colorado v. Torrez

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Amber Torrez was confined in Denver County on two unrelated warrants: a Jefferson County warrant for assault and other charges (the case giving rise to this appeal) and a Denver County warrant for two murder charges. With regard to the Denver County charges, Torrez was held without bond until a jury eventually found her not guilty by reason of insanity (NGRI), at which time she was committed to Colorado Mental Health Institute at Pueblo (CMHIP). While confined after the NGRI verdict, Torrez pled guilty to the Jefferson County assault. Torrez asked the trial court to award her presentence confinement credit (PSCC) toward her Jefferson County sentence for both the time that she spent confined during the pendency of the Denver proceedings, as well as the time she spent at CMHIP after the Denver NGRI verdict. The trial court gave her credit for neither period. The Colorado Supreme Court concluded that because Torrez would have remained confined prior to and after the NGRI verdict even had the charges in Jefferson County not existed, her presentence confinement for those periods was not attributable to this case, and credit was therefore not warranted for either period. View "Colorado v. Torrez" on Justia Law