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 Steamboat Springs
 Code of Ordinances
 Chapter 14. MUNICIPAL COURT

  § 14-25. Deferred sentences.  

Latest version.

  • (a)

    In a case in which the defendant has entered a plea of guilty, the judge accepting the pleas has the power, with the written consent of the defendant and the defendant's attorney of record, if any, and the city attorney, to continue the case for a period not to exceed two (2) years from the date of entry of such pleas for the purpose of deferring judgment and sentence upon such plea.

    (b)

    Prior to entrance of a plea to be followed by a deferred judgment and sentence, the city attorney is authorized to enter into a written stipulation, to be signed by the defendant and the defendant's attorney of record, if any, under which the defendant is obligated to adhere to such stipulation. The stipulation may contain any conditions listed in section 14-36(f), and every such stipulation shall have as one condition the payment of forty dollars ($40.00) in administrative costs. The stipulation shall specifically provide that, upon a breach by the defendant of any condition, the judge shall enter judgment and impose sentence upon the previously entered plea of guilty. Whether a breach has occurred shall be determined by the municipal judge upon application of the city attorney and upon notice of hearing thereon of not less than five (5) days to the defendant or the defendant's attorney of record, if any, at the address given by the defendant on the stipulation. The burden of proof at such hearing is on the city attorney by a preponderance of the evidence, and the judge shall apply the rules of evidence for civil nonjury cases, but may receive and consider evidence not admissible under such rules if it possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs.

    (c)

    Upon full compliance with such conditions by the defendant, the pleas previously entered shall be withdrawn and the action against the defendant dismissed with prejudice.

    (d)

    In signing a stipulation by which it is provided that judgment and sentence shall be deferred for a time certain, a defendant thereby waives all rights to a speedy trial and a prompt sentence.