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Colorado General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Colorado that do not fit into any other Colorado sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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Old 07-31-2016, 05:55 AM
Bay02 Bay02 is offline
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Default Mandatory minimum sentences

My nephew was found guilty of 1st degree assault recently in Denver CO. I'm told there is a mandatory minimum for a crime of violence, my question is can he file for reconsideration within 120 days on mandatory minimum sentences. Also when they are mandatory sentences can the judge suspend any of the time or even sentence him to comcorr.
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Old 08-03-2016, 07:50 AM
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He was found guilty in trial of 1st degree assault (with a gun) anyone have LO with those charges and what was their sentences?
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Old 08-03-2016, 10:52 AM
Cdub Cdub is offline
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Mandatory minimun sentences were put in place because lawmakersey felt violent criminals were not serving enough time. They are set up so judges are not able to deviate below a minimum number of years

He can probably file whatever he wants bit I think he is in for the long haul.

People who are convicted of assault with a firearm are not seen by courts as good candidates for second chances, even without mandatory minimums.
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Old 08-05-2016, 10:46 AM
saoirse1 saoirse1 is offline
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Did the judge apply the crime of violence sentence enhancement?
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Old 08-05-2016, 10:49 AM
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Yes he did.. he doesn't get sentenced until October so we're just stressing bad wondering what may happen
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Old 08-05-2016, 11:10 AM
saoirse1 saoirse1 is offline
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One of the bad things about the COV sentence enhancer is that it essentially doubles the years of the sentence. For example if the sentence for 3nd degree murder is 4-12 years it becomes 8-24 years. They changed the law from having a prosecutor asking for it and having to convince a jury to use it to a judge being able to decide to apply it. So now the judges almost always apply it. It also means that the time before being eligible for parole is 75% of the sentence vs. 50% of the sentence. Also, they are not eligible for education time earned off of their sentences. So they can only get "earned time" up to 10 days per month served. They also must serve a mandatory parole period of 5 years. So even if they serve every day of the sentence they must still serve an additional 5 year parole.
1st degree assault is considered an extraordinary risk crime so even without the crime of violence enhancement the judge has to sentence at least the mid- point of years so at best a sentence of a minimum of 10 years because the range is set at 4-16 years.
And yes he can file for a reconsideration of the sentence. Just know that it is the same judge that listens to the plea for reconsideration so they are ruling on the sentence that they gave in the first place. Good luck. I wish you all of the best. It is a horrible situation to be in. The above is just my understanding of the way sentences are applied or at least how they were applied quite a few years ago. A lawyer will be better able to tell you actually how it all works.
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Last edited by saoirse1; 08-05-2016 at 11:17 AM..
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Old 08-05-2016, 12:40 PM
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Thank you for your help, you answered my question for me perfectly. We pretty much new about the 10 years midpoint sentencing and we were just wondering if you can reconsider those, because of the circumstances we feel if the judge didn't have to give the 10 years minimum that he would give a lot less time, just because the situation of the case. there has just been so much confusion, the public defender told him that the judge could not reconsider the sentence and that it's going to be 10 minimum. After trial was over they let us speak with some of the jurors they said they asked the judge after trial what the sentence would be and he told them 2 to16 ?? that really confused us. So in short We believe the judge will reconsider if he's able and that gives us hope of him not being gone for 10.. thank you again for your reply!
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Old 08-05-2016, 08:39 PM
saoirse1 saoirse1 is offline
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I don't think with the reconsideration hearing that the judge can give a lesser sentence than the minimum required. I think what will be asked at a reconsideration hearing is for a lesser sentence if the judge sentences for longer than the minimum. I think that is very unlikely to happen because you are asking the judge to reconsider the judge's own original sentence. I would not count on the judge being lenient since the judge wanted to sentence him with the COV sentence enhancer (it is up to the judge). It comes with more mandatory time served and less earned time so my opinion is that his judge wants to give a harsh sentence. I hope I am wrong and don't wish to worry you about a lengthy sentence.
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Old 08-09-2016, 02:49 PM
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Thanks again for your replies, here's a brief update.. So I finally spoke with his PD and he said that they did use the COV enhancement but they did it without giving the jury the special interrogatory instruction to determine if the defendant used a weapon in the crime (he was convicted on complicity for being in the car and it was very clearly to the court who the shooter was) saying is up to the jury to decide. He said he's filling a motion for a sentencing hearing arguing is not a crime of violence and should be sentenced without COV enhancements. And possibly sentenced at the 2ND degree range.. have you heard anything like this?
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Old 08-11-2016, 11:10 PM
saoirse1 saoirse1 is offline
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I have not heard about this but I don't know all of the legal avenues they have to argue before the court. I hope the PD is successful in having the COV removed.
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