STATE OF COLORADO ‘COLORADO DEPARTMENT OF CORRECTIONS Division of Finance and Administration 2662 Sout Cirle Drive Colorado Springs, CO 80906-4195 howe: (719) 579-9580 Pex (719) 226-4755 eee Web: wndosstate.cous “ohn W. Hickerloopae Governor ‘Tom Clements Brecutve Director March 29,2013 Alison Morgan ‘Alison morgan@state.co.us Colorado Springs, CO ~The Colorado Department of Corrections provides the following information regarding the court sentencing orders for DOC offender Evan Ebel. Ebel was originally sentenced on February 4, 2005 to 3 years in prison with a2 year mandatory parole period on robbery and rmenacing charges out of Jefferson County. ‘The court order (mittimus) i attached to this document for reference. In June of 2005, offender Eel was sentenced out of Adams County to 8 years on an assault charge and an additional 3 years for a menacing charge. Both sentences were to run concurrent to the sentence out of Jefferson County. The court order (mittimus) is attached Tn 2008, offender Bbel received an additional 4 years out of Fremont County for an assault on a correctional officer. The court order (mittimus) did not specify consecutive or concurrent sentencing. When the court order is silent the time computation unit within the Department of Corrections is mandated to calculate the sentence to be served concurrently, Case law dictates this practice; Pursuant to People v. Sandoval 974 P.2d 1012 (1998), “...where the tral court is advised of a pre-existing Colorado sentence but does not specify whether the new sentence is to be concurrent with or consecutive tothe prior sentence, the new sentence will be presumed to run concurrently with the prior sentence.” (Case law mandates that the Department is bound by the information provided on the court order, ‘The DOC has no authority to disregard a lawful mittimus, even ifit is erroneous. People v, Lockhart, 699 P.2d 1332 (Colo. 1985). As a court officer for all district cours, the Executive Director is subject to punishment should he disobey their orders. People v, Lockhart, 699 P.2d at 1336, Although he may disregard a void order, .g., one that ‘was issued without jurisdiction, he eannot disregard one that is merely erroneous. The latter remains in effect until reversed by an appellate court. Meredith v. Zavares, 954 P.2d 597 (Colo, 1998); People v. Grangruth, 990 P.24 697, £699 (Colo. 1999). ‘The Departments time computation unit calculated offender Evan Bbel's time appropriately based upon the information provided on each court order, Offender Fhe! served 7 years 11 months and 24 days in prison. He received 3 manths and 25 days eared time, Offender Bbel was released on his mandatory parole date January 28, 2013. waeRI” -D0222007CR000105- 000062 Combined Court, Fremont ounty, State of Colorado Casei :D0222007CR000105 piv/Room: 1 e JUDGMENT OF CONVICTION, SENTENCE Original pv ‘The People of Colorado vs EBEL, RVAN DOB 8/16/1984 SID 941988 AKA: MCKAY, DUSTIN The Defendant was sentenced on: 6/11/200 People represented by...: HUNT, BRYAN Defendant represented by: MCCLURE, SAMUEL UPON DEFENDANT'S CONVICTION this date of 4/09/2008 The defendant pled guilty to: count # 1 Charge: Assault 2-In custody/adult conv/Guard C.R.S # 18-3-203(1) (£) Class: F4 Date of offense(s}: 11/27/2006 to 11/27/2006 Date of plea(s 4/09/2008 IT IS THE JUDGMENT/SENTENCE OF THIS COURT that the defendant be sentenced to Department of Corrections 4,00 YEARS coon 1 DEP SENTENCED TO 4 YEARS DOC PLUS 3 YEARS MANDATORY PAROLE Jum Plus a mandatory period of parole as required by statute. Months on parole 0036 ‘Assessed Balance $ 880,50 8 880.50 THEREFORE, IT IS ORDERED the Sheriff of Fremont County shall convey the DEFENDANT to the following departiment TO BE RECEIVED AND KEPT ACCORDING TO LAW ADDITIONAL REQUIREMENTS i - JUDGMENT OF CONVICTION 18 NOW ENTERED, If 1S FURTHER ORDERED OR RECOMMENDED: pare, E wer__G/iifo¥ svvcz/mesernaaa,| aduy un sem fad oe SiSint ts “tiokeow CERTIFICATE OF SHERIFF I CERTIFY THAT I EXECUTED THIS ORDER AS DIRECTED DATE SHERIF! BY DEPUTY AU 1 8 2005 «Katt COUNTY, COLORARO nee SEES hat [D60¢8 cone it costo onge cll BOK cas, CLERK, FREMONT couNY $ peep | ee greeeeesaecrsnnncoceDistrict Court, Adams County, State of Colorado Case#:D0012004CR003622 _Div/Room: F JODGMENT OF CONVICTION, SENTENCE Original ‘The People of Colorado vs EBEL, EVAN SPENCER DoB "8/16/1984 STD xc999809 AKA: MCKAY, DUSTIN [cova Ber oF cama: he Defendant was sentenced on: 6/07/2005 TIECEPHONDIAGNOSHIC TAKE People represented by...: MCCORMACK, TIM Defendant represented by: ROBINSON, SCOTT JUN § 2005 UPON DEFENDANT'S CONVICTION this date of: 6/07/2005 pas The defendant pled guilty to: wwareno Le SOLS Count 2 Charge: Assault 2-Cause injury w/ deadly wapon Af Z = C.R.S #-18-3-203 (1) (b) class: ra L— DCH Date of offense(s): 4/16/2004 to 4/16/2004 Date of plea(s): 4/28/2005 Count. # 5 Charge: LEAVING SCRNE/ACCIDBNT-UNATTENDED VEH E.R. # 42-4-1604 Class: 2 Date of offense(s): 4/16/2004 to 4/16/2004 Date of plea(s): 4/25/2005 T? IS THE JUDGMENT/SENTENCE OF THIS COURT that the defendant be sentenced to THE CUSTODY OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS Department of Corrections 8.00 YEARS counr 2 Credit for Time Served 14.00 DAYS couNT 2 CONCURRENT WITH COUNT CASE NUMBER: 2003CR 3128 Jefferson County CONCURRENT WITH COUNT CASE NOMBRR: 2004CR 3702 Adams County vail i 60.00 DAYS couNT 5 CONCURRENT WITH COUNT 2 CASE NUMBER; 2004CR 3622 Adams County Plus a mandatory period of parole as required by statute. | Months on parole 0036 Raseased Balance 3 8,151.53 § 8,151.53 THEREFORE, IT IS ORDERED the Sheriff of Adams County shall convey the DEFENDANT to the following department TO BE RECEIVED AND KEPT ACCORDING ‘TO LAW COLORADO STATE DEPARTMENT OF CORRECTIONS DIAGNOSTIC CENTER ay ADDITIONAL REQUIRENENTS JAIL FOR COUNT 5 MAY BE SERVED AT DEPT OF CORRECTIONS JUDGMENT OF CONVICTION IS NOW ENTERED, IT 18 FURTHER ORDERED OR RECOMMENDED: @ DOM Jaf drustgo Kathorino 2. De! te petiie ON NPT. ____ JUDGE/MAGISTRATE KATHERINE ROSE DELGADO CERTIFICATE OF SHERIFF I CERTIFY THAT I EXECUTED THIS ORDER AS DIRECTED DATE. : _... SHERIFF COmNgREAGOURT” BY DEPUTY sip i peclo —— Coit ig a ia fn a Fi viata my ath Le Vea peat oe ennDistrict Court, Adams County, State of Colorado Caseff :D0012004CR003702 Div/Room: F JUDGMENT OF CONVICTION, SENTENCE Origin The People of Colorado vs EBEL, EVAN SPENCER DoB “8/16/1984 SID xc621058 AKA: MCKAY, DUSTIN oOo OF COREE The Defendant was sentenced on: 6/07/2005 ae Sate People represented by...: MCCORMACK, TIM RECETIONDIAGNDSTIC NTAKE Defendant represented by: ROBINSON, SCOTT | + 5.2005 UPON DEFENDANT'S CONVICTION this date of: 6/07/2005 JUN TS 2005 The defendant pled guilty to: - od. Count # 6 Charge: Felony Menacing-real/simulated weapgritialt NO_, Les C.R.S # 18-3-206 (1) (a) / (b) Class: FS GENE Date of offense(s): 5/02/2004 to 5/02/2004 Date of plea(s) i” 472874008 Tf 18 THE JODGMENT/SENTENCE OF THIS COURT that the defendant be sentenced to THE CUSTODY OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS Department of Corrections 3.00 YEARS counr 6 Credit for Time Served 14.00 DAYS COUNT 6 CONCURRENT WITH COUNT CASE NUMBER: 2004CR 3622 Adams County CONCURRENT WITH COUNT CASE NUMBER; 2003CR 3128 Jefferson County Plus a mandatory period of parole as required by statute. Months on parole 0024 Assessed Balance $ 390.24 $ 390.24 THEREFORE, IT IS ORDERED the Sheriff of Adams County shall convey the DEFENDANT to the following department TO BE RECEIVED AND KEPT ACCORDING TO LAW COLORADO STATE DEPARTMENT OF CORRECTIONS DIAGNOSTIC CENTER ADDITIONAL REQUIREMENTS JUDGMENT OF CONVICTION IS NOW ENTERED, IT IS FURTHER ORDERED OR RECOMMENDED: arn LP J Katkoring 8. etgstta [OS son sovee/wacrean RRITGRTN WOH DETGRDO CERTIFICATE OF SHERIFF I CERTIFY THAT I EXECUTED THIS ORDER AS DIRECTED DATE. SHERIFF BY DEPUTY,Combined Court, Jefferson County, State of Colorado Casef:D0302003CR003128 Div/Room: 3 SUDGMENT OF CONVICTION, SENTENCE Amended The People of Colorado vs EBEL, EVAN SPENCER bos "8/16/1984 STD 941980 5 4 HC NTAKE oC : : The Defendant was sentenced on: 2/04/2005 Tene ore People represented by.,.: WEISS, AUDREY aad aoe Defendant represented by: ROBINSON, SCOTT - anaes UPON DEFENDANT'S CONVICTION this date of: 7/12/2004 FEB T 1 2008 The defendant pled guilty to: SOs Count # 5 Charge: Robbery wwateno fod OOS C.R.S # 18-4-301(1) Class: Fa webewveo Date of offense(s): 10/26/2003 to 10/26/2003 Date of pléala): —7/T2/200a count # 6 Charge: Felony Menacing-real/simulated weapon G.R.S H 18-3-206 (1) (a) /(b) Class: F5 Date of offense(s): 10/26/2003 to 10/26/2003 Date of plea(s 7/12/2004 IT IS THE JUDGMENT/SENTENCE OF THIS COURT that the defendant be resentenced to THE CUSTODY OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS DEFENDANT WAS ORIGINALLY SENTENCED ON11/01/2004 to COMMUNITY CORRECTIONS which is now modified and on: 2/04/2005 Direct SNT To Conm Correctio 3.00 YEARS REVOKED count 5 Credit for Time Served 173.00 DAYS coun 5 Department. of Corrections 3:00 YEARS coun? 5 Direct SNT To Comm Correctio 3:00 YEARS REVOKED count 6 Department of Corrections 3.00 YEARS counr 6 CONCURRENT WITH COUNT 5 CASH NUMBER; 2003CR 3128 Jefferson County Plus a mandatory period of parole as required by statute. Months on parole 0024 ‘The Court has NO recommendation as to the Regimented Inmate Training Program Resessed Balance $ 497.00 $ 497.00 THEREFORE, IT IS ORDERED the Sheriff of JEFFERSON COUNTY ghall convey the DEFENDANT to the following department TO BE RECEIVED AND KEPT ACCORDING TO LAW COLORADO STATE DEPARTMENT OF CORRECTIONS DIAGNOSTIC CENTER ADDITIONAL REQUIREMENTS The restraining order pursuant to C.R.8. 18-1-1001 shall remain in effect until final disposition of the action, or in the case of an appeal, until disposition of the appeal. JUDGMENT OF CONVICTION IS NOW ENTERED, I'f [8 FURTHER ORDERED O} OMMENDED : s pare_2Z-Y eS” npr. dunce /ncrernin wi CERTIFICATE OF SHERIFF I CERTIFY THAT I EXECUTED THIS ORDER AS DIRECTED et DATE, SHERIFF BY DEPUTY.