Back to Exhibit 6

POINT E: THE PETITIONER DID NOT RECEIVE HIS TIME SERVED CREDIT FOR CASE NO. FVA-06241 IN REGARDS TO THE TIME HE WAS BOOKED AND HELD IN COLORADO JAIL ON THAT CASE.

FACTS:

1. On the date of 1-21-97 the petitioner was formally booked and held in Adams County, Co. jail and held on $500,000.00 bail on California case, FVA-06241 (EXHIBIT: 2, attached to Habeas petition). Also a parole hold from California had been placed on petitioner while detained in Colorado on 9-4-96 (EXHIBIT: 11). The petitioner was convicted on his first Colorado case on 6-6-97 and was first sentenced on a case on 7-31-97 (Aff. p,11). The Superior Court judge when sentencing petitioner on 12-27-98 for case no. FVA-06241, gave the petitioner no time credit to his sentence for the time he’d spent in detention in Colorado for case no. FVA-06241.

ARGUMENT AND AUTHORITY:

2. When the petitioner was sentenced by the Superior Court on FVA-06241, on 12-27-98, the court erred in not giving the petitioner credit for the 135 days he served detained and held on bail in Colorado on that case. The petitioner remained held pending bail, in Colorado, on that said case from 1-21-97 through at least 6-6-97 (when the petitioner was first convicted on his first Colorado case). “The time spent in another state pursuant to the agreement on detainers should be counted against petitioner’s sentence.” Pleasant V. Tihonovich, 647 P.2d 236 (Colo.1982). Thus the petitioner requests that he be given this said 135 day credit to his sentence on FVA-06241.