Alvarez v. State, Department of Corrections , 1981 Colo. App. LEXIS 903 ( 1981 )

STERNBERG, Judge,

concurring in part and dissenting in part:

I agree with the conclusion of the majority that Discipline Rule III A 1 does not violate Alvarez’ due process rights. However, I disagree with the majority that the Code of Penal Discipline under which Alvarez was punished is unconstitutionally over-broad, and therefore dissent from that portion of the opinion.

In my view the issue should be limited to whether the punishment to Alvarez was reasonable considering the violations he committed. Neither the fact that the ABA standards suggest a more detailed schedule of punishment, nor the adoption of a new, more detailed code by the authorities leads to the conclusion that the schedule under which Alvarez was punished is unconstitutional.

I would hold that the punishment was not disproportionate to the offenses and thus would affirm the judgment.