Motion To Impose Sentence And Order For Hearing
COUNTY COURT
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Plaintiff(s):
THE CITY AND COUNTY OF DENVER
Defendant(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
Paul W. Puckett, No. 5885
Assistant City Attorneys
201 W. Colfax. Avenue, Dept. 1207
Denver, CO 80202
Telephone: 720-913-8050, Facsimile: 720-913-8010
Received Jun 11 2003
Clerk of Court
Case No. 01GS606306
Division: General Sessions
Courtroom: 151P
MOTION TO IMPOSE SENTENCE AND ORDER FOR HEARING
The plaintiff, City and County of Denver, State of Colorado, (hereafter referred to as the ?City?), by and through its attorneys, J. Wallace Wortham, Jr., James C. Thomas and Paul W. Puckett, hereby move that the court vacate the stay of execution previously entered in this case and impose sentence upon the defendant. 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. 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 or 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 or about April 21, 2003. The Supreme Court denied this Motion by Order dated May 6, 2003.
5. On May 19, 2003 the Supreme Court issued its Order of Court, denying the defendant?s Petition for Writ of Certiorari.
The City hereby requests that, in light of the foregoing information, a sentence be imposed.
Respectfully submitted,
J. Wallace Wortham, Jr. No. 5969
City Attorney
James C. Thomas, No. 13583
Paul W. Puckett, No. 5885
Assistant City Attorneys
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STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
The court, having reviewed the Defendant?s motion, and being fully advised in the premises,
IT IS HEREBY ORDERED that the hearing scheduled for 8:30 a.m. on June 26, 2003, in courtroom 151P, Denver County Court, 1437 Bannock St., Denver, Colorado, be vacated. 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: June 11, 2003
CERTIFICATE OF DELIVERY
I HEREBY CERTIFY that the foregoing MOTION TO IMPOSE SENTENCE AND NOTICE OF HEARING was delivered this 11th day of June, 2003, by placing the same in the U.S. Mail, postage prepaid, addressed to:
Richard Stanley
6280 E. 39th Ave.
Denver, Co 80207
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