Response To Motion To Reset June 26th Hearing And Motion To Impose Sentence And Order For Hearing

COUNTY COURT
CITY AND COUNTY OF DENVER, COLORADO
Court Address: 1437 Bannock Street, Room 140
DENVER, COLORADO 80202
________________________________________________________________
Plaintiff(s):
The City and County of Denver
Defendants(s):
STANLEY, RICHARD DOB 07/14/1954
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Attorneys for the City and County of Denver
J. Wallace Wortham, Jr. No. 5969 - City Attorney
James C. Thomas, No. 13583
Kristina L. Andrews, No. 31176
Assistant City Attorneys
201 W. Colfax Avenue, Dept. 12307
Denver, Colorado 80202
720-913-8050
Fax: 720-913-8010

Case Number: 01 GS 606306

Division: General Sessions

Courtroom: 151P

Response To Motion To Reset June 26th Hearing And Motion To Impose Sentence And Order For Hearing

The plaintiff, City and County of Denver, (hereinafter referred to as the "City" of the "People", by and through its attorneys, J. Wallace Wortham, Jr., James C. Thomas and Kristina L. Andrews, hereby move that the Court vacate the stay of execution previously entered in this case and impose sentence upon the defendant. The City further requests that the Court reset the June 26, 2003, hearing for August 14, 2003. As grounds for its Motion, the City alleges as follows:

1. On May 16, 2002, the defendant was convicted by a jury of unlawfully carrying a weapon in violation of D.R.M.C. pp 38-117 ( c ).

2. The defendant appealed his conviction to the Denver District Court on August 23, 2002. The Denver District Court dismissed the defendant's appeal on January 13, 2003.

3. The defendant filed a Petition for Writ of Certiorari with the Colorado Supreme Court on our about February 12, 2003. The Supreme Court issued a Stay of Lower Court Proceedings on March 11, 2003, granting a stay until the Court issued a ruling on the defendant's Certiorari Petition. 4. The defendant filed a Motion to Vacate Lower Court Decision with the Colorado Supreme Court on our about April 21, 2003. The Supreme Court denied this Motion by Order dated May 6, 2003.

5. On May 19, 20003, the Supreme Court issued its Order of Court, denying the defendant's petition for Writ of Certiorari.

6. On June 11, 2003, the City filed a Motion with this court requesting that the Court impose sentence and set the matter for hearing. The Court set the matter for hearing on June 26, 2003, at 8:30 a.m. in courtroom 151P.

7. The City hereby requests that the June 26, 2003, hearing be reset for August 14, 2003, at 8:30 a.m. in courtroom 151P, at which time the City requests that a sentence be imposed.

Dated this 17th day of July 2003.

Respectfully submitted,

J. WALLACE WORTHAM, JR. No. 5969
City Attorney

JAMES C. THOMAS, No. 13583
KRISTINA L. ANDREWS, No. 31176
Assistant City Attorneys

Kristina L. Andrews, No. 31176

STATE OF COLORADO
) ) ss. CITY AND COUNTY OF DENVER
)

The Court, having reviewed the City's Motion, and being fully advised in the premises,

IT IS HEREBY ORDERED that a hearing will be held at 8:30 a.m. on August 14, 2003, in courtroom 151P, Denver County Court, 1437 Bannock St., Denver, Colorado. A WARRANT FOR YOUR ARREST WILL BE ISSUED WITHOUT FURTHER NOTICE IF YOU FAIL TO PERSONALLY APPEAR AT THE TIME, DATE AND PLACE HEREIN SPECIFIED FOR THIS HEARING.

Dated: July 18, 2003

By the Court:
Robert Patterson_____________
County Court Judge

CERTIFICATE OF DELIVERY
I HEREBY CERTIFY that the foregoing MOTION TO IMPOSE SENTENCE AND NOTICE OF HEARING was delivered this 18th day of July, 2003, by placing the same in the U.S. Mail, postage prepaid addressed to:

RICHARD STANLEY 6280 E. 39th AVE DENVER, CO 80207
T. Hood__________________