- Associated Press - Thursday, January 14, 2016

DENVER (AP) - Colorado’s highest court will not free a convict who was returned to prison after being mistakenly released from a 98-year sentence decades early and reforming his life.

The state’s Supreme Court dismissed the case Thursday. The judges said the case was improperly filed, and Rene Lima-Marin should ask a lower court to consider whether he should be released.

The 37-year-old Marin argued it was cruel and unusual punishment to put him back behind bars after he started a family and did not reoffend.

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.

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