The Colorado Supreme Court is considering whether to free a convict who was sent back to prison after being mistakenly released 90 years early.
An attorney for Rene Lima-Marin told the court Thursday that it was cruel and unusual punishment to put him back behind bars after he started a family and reformed his life.
A judge in 2000 sentenced Lima-Marin to a total of 98 years in prison for multiple counts of robbery, kidnapping and burglary after he and another man robbed two video stores at gunpoint. But a clerk's mistake allowed him to be paroled in 2008.
He held a job, married and had a son before authorities realized the mistake.
Assistant Attorney General Kathy Gillespie says the case was an unfortunate mistake but not misconduct.
