[1] The defendant appeals the judgment of the trial court denying him good-time credits for the period of his presentence confinement. We reverse and remand with directions.
[4] We turn instead to our decision in People v. Chavez, 659 P.2d 1381 (Colo. 1983), which is dispositive of this case. There we held that the defendant has a statutory right to presentence good-time credits under section 17-22.5-101, C.R.S. 1973 (now in 1982 Supp. to 1978 Repl. Vol. 8). At the time the defendant in this case was sentenced, section 17-22.5-101, C.R.S. 1973 (1980 Supp. to 1978 Repl. Vol. 8), provided:
[5] "Good time. Each person sentenced for a crime committed on or after July 1, 1979, whose conduct indicates that he has substantially observed all of the rules and regulations of the institution or facility in which he has been confined and has faithfully performed the duties assigned to him shall be entitled to a good time deduction of fifteen days a month from his sentence. The good time authorized by this section shall vest quarterly and may not be withdrawn once it has vested. No more than forty-five days of good time may be withheld by the department in any one quarter. No person subject to the good time credits of article 20 of this title shall be eligible for any good time deduction authorized by this article."
[6] The parties stipulated that the defendant was unable to post bail solely because of his indigency. However, the record in this case does not indicate the nature of the defendant's conduct while he was incarcerated in the Lincoln County Jail awaiting trial. Therefore, we are not in a position to determine whether the defendant is entitled to good-time credits for his presentence confinement.