1. On 03/13/00, while
Mr. Hogan was detained at the Arapahoe
County Jail on federal charges,
the Arapahoe County Sheriff 's executed an additional arrest warrant originating out of Denver County for the robbery/kidnapping
of victim ("T.H")
2. Initial Advisement of charges eventually occurred on 08/02/00, five months after arrest; however,
seven dates appear on the advisement document,
beginning on 04/24/00,
ending on 8/2/00.
3.
On 08/22/00, a preliminary hearing
was scheduled. However,
the state failed to execute
the writ and procure the defendant's presence
from the Federal
Detention Center for the seventh time. At the state's request, the court granted
a continuance until
09/12/00, in which the hearing
was held outside
the 30-day time limitation
without proper show of cause filed as required by rule.
4.
Hogan was without
council during the 5-month delay between
arrest and judicial
advisement. Council was appointed
for the preliminary hearing.
5. Following the preliminary hearing,
the charges were bound over to the district court on 09/13/00.
6.
Arraignment was scheduled for 10/16/00. Once again the stated failed to execute
the writ and the hearing was rescheduled for 11/13/00 wherein
the state once again failed to execute
the writ.
7. Arraignment was rescheduled and finally held on 12/11/00,
nine months after the date of arrest.
8.
The record omits
the issuance of any show cause for the extensive
delays in this case. Nor does it reflect that Hogan had the due process opportunities to be heard regarding
the unnecessary delays.
9.
A jury trial was held from 11/13/01
to 11/19/01. Hogan was thereafter convicted by a jury of one
count of second degree kidnapping, a class two felony
1, one count
of aggravated robbery, a class three felony2, two counts of second degree kidnapping, a class four felony3,
and two crime of violence
counts (vol. 1 pp. 108-09)
10. On 01/11/02, the court sentenced Hogan to a total of 77 years
in the Colorado Department of
Corrections (CDOC)-consecutive sentences of 40 years in DOC on count one, 25 years on count two, and 6 years each for counts three and four (CD 1/11/02, p.216).
I 18-3-302(1)(b) & (3)(b),
C.R.S.
2 18-4-302(l)(b), C.R.S.
3 18-3-302(1), C.R.S
