Colorado § 18-1.3-508 - Definite sentence not void.
Full text of Colorado Colorado Revised Statutes § 18-1.3-508 — Definite sentence not void., with citation guidance and answers to common questions.
§ 18-1.3-508. Definite sentence not void.
If, through oversight or otherwise, any person is sentenced or committed to the custody of the executive director of the department of corrections for the commission of a misdemeanor for a definite period of time, the sentence or commitment shall not for that reason be void, but the person so sentenced or committed shall be subject to the liabilities and entitled to the benefits which are applicable to those persons who are properly sentenced.
Source: L. 2002: Entire article added with relocations, p. 1419, § 2, effective October 1.
Editor's note: This section is similar to former § 16-11-303 as it existed prior to 2002.
ANNOTATION
Law reviews. For article, "Commitment of Misdemeanants to the Colorado State Reformatory", see 29 Dicta 294 (1952).
Annotator's note. Since § 18-1.3-508 is similar to § 16-11-303 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing that provision have been included in the annotations to this section.
There is no irreconcilable inconsistency between this section and Crim. P. 35(a). This section corrects a specific error committed in sentencing. It changes the erroneous sentence automatically, with the same effect as if the judge had sentenced correctly. Smith v. Johns, 187 Colo. 388, 532 P.2d 49 (1975).
Remand for resentencing. Sentence imposed by trial court which fixed a minimum term, contrary to the requirements of § 16-11-304, was erroneous, but since there is no statute which automatically corrects erroneous sentences of the trial court, the case is remanded to the trial court with directions to vacate that sentence and to resentence the defendant in accordance with law. People v. Sandoval, 36 Colo. App. 403, 541 P.2d 105 (1975).
Applied in People v. Nix, 44 Colo. App. 195, 610 P.2d 1088 (1980).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 18-1.3-508
What does Colorado Revised Statutes § 18-1.3-508 cover?
Section 18-1.3-508 ("Definite sentence not void.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 18-1.3-508?
A common citation format is "Colorado Revised Statutes § 18-1.3-508" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 18-1.3-508 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
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