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 \u201chis offense constituted an extraordinary risk crime,\u201d nor did he agree to \u201cthe existence of any aggravating circumstances,\u201d Smith wrote.<\/p>\n
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.<\/p>\n
\u201cAccordingly, 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,\u201d Smith argued in her written motion.<\/p>\n
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.<\/p>\n
At the initial sentencing in March, the alleged victim, a 10-year-old girl, requested that Adcock be sentenced to 49 years in prison.<\/p>\n
When delivering his original sentence, Plewe said Adcock\u2019s version of events were impossible to believe. He further admonished Adcock for manipulating the victim, her family, a psychologist and probation officials.<\/p>\n
\u201cIt\u2019s not normal for a 10-year-old girl to sleep in your bed,\u201d said Plewe. \u201cIt\u2019s disturbing, and it\u2019s my job as a judge to stop this.\u201d<\/p>\n
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.<\/p>\n
In March, the victim\u2019s mother told the court that she was \u201cchilled to the bone\u201d upon learning of the molestation. Fearing the punishment was unjust, the mother added that Adcock wouldn\u2019t suffer as much as her daughter.<\/p>\n
\u201c(Victim) will live her life in prison, because of what David has done to her,\u201d the mother said, crying.<\/p>\n
At the time, Murray defended the plea deal, saying the defendant wouldn\u2019t receive proper rehabilitative treatment if sent to prison. Murray added that the decision was based on the community\u2019s long-term safety.<\/p>\n
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.<\/p>\n