The Colorado Court of Appeals has clarified that a defendant may waive statutory presentence confinement credit as part of a negotiated plea agreement, resolving questions about how such waivers should be reflected on sentencing documents. The decision in People v. Endsley confirms courts must respect clear and voluntary waivers of PSCC while ensuring the mittimus accurately records the waiver.
The case arose after Kerry Ellis Endsley pleaded guilty to attempted first-degree murder and attempt to disarm a peace officer under an agreement specifying he would receive “no credit for time served.” At sentencing, the Denver District Court noted Endsley’s pretrial confinement but directed the Department of Corrections not to apply PSCC. Endsley later challenged the mittimus, arguing the statutory credit could not be waived.
The appellate panel affirmed the lower court, explaining PSCC is not part of the sentence itself but a statutory credit applied by DOC. A defendant may relinquish the credit through a clear, voluntary waiver in exchange for other plea concessions. The court emphasized the mittimus must accurately reflect that the defendant is not entitled to any presentence credit due to the waiver.
Read the full ruling.