Tag: sentencing
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Appeals judge argues prior decision on defendant’s ‘3-strikes’ sentence was wrong
A member of Colorado’s second-highest court argued on Thursday that a defendant stands wrongfully sentenced under the state’s “three-strikes” law, and an earlier appellate decision saying otherwise was incorrect. A three-judge Court of Appeals panel agreed that Kiki Lamount Douglas’ 96-year prison sentence was likely excessive. Originally, Douglas’ trial judge multiplied the maximum sentence as…
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10th Circuit to address resentencing of probation violators in rare all-judges hearing
The Denver-based federal appeals court agreed on Thursday to hold a rare all-judges hearing to determine the proper procedure for resentencing a criminal defendant who has violated the terms of his probation. In the federal appellate courts, the vast majority of cases are decided in three-judge panels. Occasionally, the courts will vote to have all…
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Pueblo man convicted of June 2024 homicide sentenced to life behind bars
The man convicted of first-degree murder stemming from a June 2024 homicide in Pueblo was sentenced to life in prison without the possibility of parole on Monday. David Martinez, 63, was found guilty of one count of first-degree murder and another count of attempted murder on Oct. 9 following a two-week jury trial in Pueblo…
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Colorado justices splinter over approach to sentencing review
Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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On the docket this week: Quail Lake assault suspect, Custer County homicide suspect back in court
Last week in 4th Judicial District courtrooms, the man convicted of causing the death of a Fountain police officer was sentenced to over 100 years behind bars, and a teen facing first-degree murder charges entered into a plea agreement. More hearings are in store for the upcoming week, including the sentencing for a Teller County…
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Man who caused death of Fountain police officer receives maximum sentence
The man found guilty of causing the death of Fountain police officer Julian Becerra was sentenced to 132 years behind bars on Thursday. Devon Bobian, 34, was found guilty at a jury trial in May 2024 on five charges for leading multiple law enforcement agencies on a car chase throughout El Paso County that resulted in Becerra’s…
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Return to Nature co-owner sees federal sentencing pushed to 2026
The federal sentencing for the co-owner of the Return to Nature Funeral Home that found itself under a multi-agency investigation in October 2023 has been pushed to March, court records show. Carie Hallford was scheduled to be in a Denver court for her sentencing Wednesday after she pleaded guilty to one count of conspiracy to…
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Fountain thief in 2024 officer-involved shooting avoids prison time
The Walgreens thief injured after being shot by Fountain police in September 2024 was sentenced to probation Monday. The case for Brenden Burningham, 32, started on Sept. 14, 2024, when Fountain police officers responded to a robbery at the Walgreens along 7910 Fountain Mesa Road. The man had threatened employees and was armed with a…
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El Paso County man acquitted of attempted murder during trial, but gets prison time
The El Paso County man initially charged with attempted second-degree murder stemming from a Halloween 2024 assault was sentenced to prison Monday after being acquitted of the most serious offense during trial. Gary Spicer, 78, was arrested on Oct. 31, 2024, after shooting a gun during an argument in the 200 block of Cunningham Drive…
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10th Circuit rejects defendant’s theory for re-sentencing probation violators
The Denver-based federal appeals court rejected a defendant’s theory for re-sentencing people who violate the terms of their probation last month, with one judge defending his precedent-setting framework from possible full-court review. At the same time, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed the trial judge who sentenced…