Convicted of Burglary in own home.

[aquadolphin1968]

What is the name of your state? Colorado
My husband was convicted of Burglary when he pushed open the door to our house and assaulted me. He was given 20 years. The testimony given in court by police officers was that he did not live there at the time. I have the lease as well as utility bills that say that he did. Is there anything that can be done to get this back in front of the judge?

 

[seniorjudge]

What is the name of your state? Colorado
My husband was convicted of Burglary when he pushed open the door to our house and assaulted me. He was given 20 years. The testimony given in court by police officers was that he did not live there at the time. I have the lease as well as utility bills that say that he did. Is there anything that can be done to get this back in front of the judge?

When was the conviction?

Tell us the rest of the story...you called the cops, right?

 

[aquadolphin1968]

In March 2006. Actually no I didn't a neighbor did. I did testify at his trial. I just don't understand how he could get 20 years for burglary. He is serving a 34 year sentence for assault and the burglary charges. We hadn't been getting along and he wasn't sure what he wanted tio do with our relationship, he would stay between our home and his mother's. I went out to a bar and ran into an old boyfriend and the security guard at the bar called him and told him I was there with someone else. I left home with my ex and my husband showed up. He pushed open the front door which was locked and assaulted both of us. He was found guilty on the assault charges in the heat of passion. He was given a total of 15years on the assault charge and given 20 for the burglary. I don't think that it is fair to give him 20 years for burglary. He hired his own attorney but tried to fire him 2 weeks before his trial was to start but wasn't allowed to, but on the day his trial was to start the judge granted the attorneys motion to withdraw from the case. The court appointed him an attorney and when my husband told him about the lease and utility bills that were in his name he told him they weren't importamt. So can he get this overturned?

 

[calatty]

Why didn't you testify that he lived there? Is it because you told the police that he didn't when they came to arrest him?

 

[Ohiogal]

From the sounds of things it was burglary -- he broke in the door which was locked. If he lived there he would have had a key. She was there with a boyfriend. He assaulted them and had been staying with his mother. So even though they were married, he didn't act as though he lived there and she doesn't sound like she defended him living there.

 

[aquadolphin1968]

I did testify that he did live there and no I never said differently to the police. Neither one of us had the key because our daughters lost them, we used the garage door opener to get in which was in my car at the time. All I want to know is how to get his sentenced reconsidered and for it to be fair. Can you be convicted of burglary in your own home? If not how could his lawyer not have used the lease and utility bills to prove it was his home?

 

[rmet4nzkx]

Your testimony was already considered by the court.
Get new keys for your house.
The "facts" re the lease and utility bills do not mitigate his actions.
In the future, don't cheat on your husband until your divorce is final.
Maybe you can write a book about it
Say hi to the dogs .

 

[blik]

Hmm I think you should not try to help him now. If I was your husbund I would be incredibly angry at you for cheating on me. He might come to kill you this time.

 

[Shay-Pari'e]

Your testimony was already considered by the court.
Get new keys for your house.
The "facts" re the lease and utility bills do not mitigate his actions.
In the future, don't cheat on your husband until your divorce is final.
Maybe you can write a book about it
Say hi to the dogs .

Is darling Jennifer LZ back again?

 

[rmet4nzkx]

Is darling Jennifer LZ back again?

Don't ya love it?

 

[Happy Trails]

I did testify that he did live there and no I never said differently to the police. Neither one of us had the key because our daughters lost them, we used the garage door opener to get in which was in my car at the time. All I want to know is how to get his sentenced reconsidered and for it to be fair. Can you be convicted of burglary in your own home? If not how could his lawyer not have used the lease and utility bills to prove it was his home?

The definition of what he did fits the crime of burglary.

From Colorado statutes:

18-4-202. First degree burglary.
Statute text
(1) A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, or the person or another participant is armed with explosives or a deadly weapon.

(2) First degree burglary is a class 3 felony.

(3) If under the circumstances stated in subsection (1) of this section the property involved is a controlled substance, as defined in section 12-22-303 (7), C.R.S., within a pharmacy or other place having lawful possession thereof, such person commits first degree burglary of controlled substances, which is a class 2 felony.

------------

Since a class 3 felony carries a minimum sentence of 4 years and/or a 3,000 dollar fine and the maximum sentence is 12 years and/or 750,000 dollar fine, there has to be more to the story.

 

[rmet4nzkx]

Happy,
OP has some history on this forum, much of which has been deleted.

 

[Happy Trails]

Happy,
OP has some history on this forum, much of which has been deleted.

Bummer I missed it.

 

[aquadolphin1968]

I know I didn't give you the other side of the story which was that one of the reasons why he stayed away some nights was he was seeing someone else. I didn't know this until after he came to our house. Me and my husband have had our share of problems but feel that our relationship is worth trying to save. The reason for my ex coming to the house was not to have an affair but to talk about my daugher who commited suicide. He was with me for 5 years when she was a little girl and he wanted me to know why he hadn't went to her funeral and just wanted to talk about her, So you all can judge me any way you want I just want to find out if there is anything in my power that I xan do to help him.

 

[rmet4nzkx]

I know I didn't give you the other side of the story which was that one of the reasons why he stayed away some nights was he was seeing someone else. I didn't know this until after he came to our house. Me and my husband have had our share of problems but feel that our relationship is worth trying to save. The reason for my ex coming to the house was not to have an affair but to talk about my daugher who commited suicide. He was with me for 5 years when she was a little girl and he wanted me to know why he hadn't went to her funeral and just wanted to talk about her, So you all can judge me any way you want I just want to find out if there is anything in my power that I xan do to help him.

Your husband was convicted, it is over unless he has grounds for an appeal and you have loads of money for an appeals attorney. Perhaps you should have met with your Ex in a public place and discussed his reasons for not attending the funeral, but your husband still comitted both assault and B&E and was convicted. Perhaps you should look into a divorce attorney.