A Cortez man convicted of attempted child sex assault has argued that the court imposed an “illegal sentence.”
In a four-page motion filed in June, public defender Amy R. Smith requested that District Court Judge Todd Plewe revise the sentence against Adcock, her client. When accepting the terms of a plea deal, David Adcock, 45, neither stipulated that “his offense constituted an extraordinary risk crime,” nor did he agree to “the existence of any aggravating circumstances,” Smith wrote.
In March, Adcock was sentenced to four years at the Mesa County Criminal Justice Services Department. He was credited with 233 days served. Smith maintains the court was bound to impose a maximum three-year sentence.
“Accordingly, this court imposed an illegal sentence when it exceeded the maximum statutory sentence for a Class 5 felony, and Mr. Adcock requests that this court correct his sentence,” Smith argued in her written motion.
At a re-sentencing hearing on Aug. 20, the case was continued until Sept. 8 after prosecutors failed to file a writ as instructed by the court. Asked to explain, District Attorney Will Furse declined to comment, and Assistant District Attorney Sean Murray sidestepped the issue.
At the initial sentencing in March, the alleged victim, a 10-year-old girl, requested that Adcock be sentenced to 49 years in prison.
When delivering his original sentence, Plewe said Adcock’s version of events were impossible to believe. He further admonished Adcock for manipulating the victim, her family, a psychologist and probation officials.
“It’s not normal for a 10-year-old girl to sleep in your bed,” said Plewe. “It’s disturbing, and it’s my job as a judge to stop this.”
Adcock was further banned from contact with any child under age 18, seek a mental health evaluation and treatment and register as a convicted sex offender.
In March, the victim’s mother told the court that she was “chilled to the bone” upon learning of the molestation. Fearing the punishment was unjust, the mother added that Adcock wouldn’t suffer as much as her daughter.
“(Victim) will live her life in prison, because of what David has done to her,” the mother said, crying.
At the time, Murray defended the plea deal, saying the defendant wouldn’t receive proper rehabilitative treatment if sent to prison. Murray added that the decision was based on the community’s long-term safety.
In December 2014, Plewe rejected a plea deal that only included a probationary sentence, telling attorneys that he wore the black robe and made courtroom decisions.
