ORDER RE: MOTION FOR RECONSIDERATION

DISTRICT COURT, CITY AND COUNTY OF
DENVER, COLORADO

Court Address: 1437 Bannock Street, Denver, Colorado 80202

THE PEOPLE OF THE STATE OF COLORADO
Plaintiff

v.

BRYAN DAY
Defendant

Case Number: 08CR5841
Ctrm: 13

THIS MATTER comes before the Court on Defendant's Motion for Reconsideration of Sentence to 35 (B), filed November 25, 2009. The Court has reviewed the motion, as well as the Court's file and applicable authorities. Upon consideration thereof, the Court enters the following findings and order:

On July 31, 2009 Mr. Day was sentenced to the Department of Corrections for a period of ten years for Arson (F3) and two years for Stalking (F5)--the Court ordered the sentences to run concurrently. Mr. Day requests that either: 1) his sentence for Arson be reduced from ten years to four years; or 2) the Court craft a hybrid sentence between his two charges in order to reduce Mr. Day's prison sentence.

I have reviewed and considered Mellani Day (Defendant's mother) affidavit and the concerns she has expressed about Mr. Day's emotional history. I have also reviewed Dr. Friedman's assessment and evaluation of Mr. Day.

In ruling on a motion for sentence reconsideration, the trial court must consider all relevant and material factors which may affect the decision on whether to reduce the original sentence. See Mikkleson v. People, 618 P.2d 1101, 1102 (Colo. 1980); see also People v. Smith, 536 P.2d 820 (Colo. 1975). This can include new evidence as well as facts known at the time the original sentence was pronounced. Id.,; see also People v. Bridges, 762 P.2d 161 (Colo. 1983) (court may consider the defendant's progress while in prison when exercising its decision to reduce a sentence); see also Mamula v. People, 847 P.2d 1135 (Colo. 1983) (court may consider developments subsequent to filing of motion for reconsideration which are favorable to the granting of the motion).

After careful consideration, the Court finds that the sentence originally imposed is appropriate and sufficient cause to reduce the sentence has not been established. Accordingly, Defendant's Motion for Reconsideration is DENIED.

Done this 20th day of January, 2010
BY THE COURT:
Robert L. McGahey, Jr.
District Judge

Cc: Bryan's attorney to send to Defendant; District Attorney