An eight-year Department of Corrections sentence could have been handed down Tuesday in Moffat County District Court against a Craig man charged in an Aug. 9 vehicle theft.
Jarod Bays, 25, pleaded guilty Oct. 24, 2011, before Judge Shelley Hill to aggravated motor vehicle theft in the first degree, a Class 4 felony, and driving under the influence of alcohol and reckless endangerment, both misdemeanors.
Hill presided over a sentencing hearing Tuesday, but rather than delivering the agreed upon sentence, the hearing was continued at the request of Bays’ attorney, Douglas Timmerman.
Timmerman told the court his client was recently accepted to an inpatient treatment program sponsored by Denver Rescue Mission, and he asked for additional time to learn whether the program would be a viable alternative to jail time.
“Well, Mr. Timmerman, this is a day late and a dollar short, don’t you think?” Hill said. “Why wasn’t this done before plea agreement negotiations?”
Timmerman said his client’s mother applied for the program on behalf of her son and did not receive an answer until Dec. 29.
Jon Pfeifer, Moffat County deputy district attorney for the 14th Judicial District, objected to the program because a plea agreement had already been reached.
However, in the process of reviewing the case file, Pfeifer noticed that he and Timmerman had not received the results of a pre-sentencing investigation on time.
PSIs are required to be in the hands of both the prosecution and the defense at least 72 business hours before sentencing.
“As far as the program, I certainly object on those grounds because we have a stipulated DOC sentence,” Pfeifer said. “However, Mr. Timmerman received the PSI Friday and I think by statute he is entitled to a continuance.”
Because the PSI was not delivered on time Judge Hill granted the continuance, but cautioned Bays from getting his hopes up about Denver Rescue Mission.
“Mr. Bays, you should have thought of this a long time ago,” Hill said. “I will also tell you that I have agreed to a program like this only once in my six years as a judge and I did that because he did not have quite the record that you have.
“You come here with quite a lot of baggage. Even if this is a viable program for you, I’m not sure I would go along with it because you have an agreement with the state for an eight-year DOC sentence.”
Bays is scheduled to be back in district court at 4:30 p.m. Feb. 1 for sentencing.
As part of Bays’ plea agreement, additional charges of criminal mischief of $20,000 or more, a Class 3 felony, and trespass of an auto with intent to commit, a Class 5 felony, were dropped, according to court records.
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