AURORA, Colo. (CBS4) – In 1998, 19-year-old Rene Lima-Marin and his friend robbed two Aurora video stores at gunpoint.
Two years later they were convicted and issued a consecutive sentence for 98 years in prison, but a court clerk mistakenly wrote that the sentences should run at the same time.
In 2008 Lima-Miran was released on parole — 90 years early.
“He’s not the same person that he was then,” his wife Jasmine Lima-Marin told CBS4. “He’s very supportive. He’s just a great guy.”
For six years Lima-Miran has been practically a free man. He got married soon after his release and started a family in Aurora. But in January, the clerical error was discovered and the now 35-year-old was taken back to prison.
“He took advantage of this mistake,” said Rich Orman, the senior deputy district attorney for Colorado’s 18th Judicial District. “In my opinion, the court has no choice but to make him serve the remainder of his sentence.”
Jasmine disagrees. She has started an online petition with change.org asking Colorado Attorney General John Suthers to release her husband from his “unjust sentencing.”
On Wednesday Lima-Miran filed an appeal with the Colorado Court of Appeals. His attorney states in the filing that “Lima-Marin functioned as a member of society, no different than his neighbors, entirely unaware that Colorado would someday rip him from his home and family and upend a life he took years to build.”
“I have full faith that my husband is going to be back home. I don’t know when or how long it’s going to take, but I do not believe my husband is going to serve 98 years,” Jasmine said.
Jasmine said the eight months since Lima-Marin was taken back to prison has been hard on her and the boys they are raising.
“They understand as much as they possibly could for a 7 and 4 year old,” she said.
Lima-Marin is now back at the Kit Carson Correctional Center in Burlington. Michael Clifton, his partner in the crime, is serving his full 98-year sentence.