Kremmling’s Robert Mark Smith looks to appeal December conviction
Kremmling resident Robert Mark Smith will soon return to court as he seeks an appeal to his recent court conviction.
Smith’s legal counsel, Daniel Deters of Denver, filed a notice of appeal on Jan. 2 with the Grand County Court Clerk’s Office, informing the court that Smith wished to appeal Judge Nicholas Catanzarite’s December ruling with a higher court, in this case the 14th Judicial District Court.
On Dec. 5, 2018, Smith was found guilty of misdemeanor assault in Grand County Court, and sentenced to two years in jail. He was given the option to serve his time in an inpatient mental health facility, but declined.
The notice named issues that would be raised on appeal, including errors made by the Grand County Court in deciding pre-hearing motions, errors made during the course of the hearing on the motion to revoke and errors made in Smith’s sentencing.
The next step in the process would be for Smith’s legal counsel to file a formal brief with the court outlining their position and arguments regarding the appeal, according to the court clerk’s office.
Smith’s appeal will initially go before District Court Judge Mary Hoak for consideration.
In comments he made to Catanzarite before being sentenced Dec. 5, 2018, Smith accused Hoak of corruption and being untruthful. Smith’s legal counsel will have the option to file a motion asking Hoak to recuse herself from the case, though court officials confirmed Tuesday afternoon that no such motion has so far been filed.
Smith’s conviction in county court stemmed from a non-violent altercation in July 2016 where Smith threatened a tenant of the Kremmling mobile home park he owns. He threatened the tenant with a piece of wood and said that he would shoot the tenant. Smith was arrested and charged with felony menacing.
He eventually pleaded no-contest to a lesser charge of third-degree assault in late October 2017. Per his no-contest plea, Smith received a deferred judgment in the case that allowed him to remain out of official custody while serving 15 months of probation. He was also required to complete 100 hours of community service and comply with several other standard conditions of probation, including that he relinquish all firearms, explosives and ammunition.
It was on Oct. 4, 2018, however, that law enforcement arrested Smith in Kremmling for violating terms of his probation, namely that he was in possession of ammunition. Because he violated those terms, his deferred judgment was reversed and he was sentenced to two years in jail on the initial misdemeanor charge.
He has remained in the Grand County Jail since that time.
Smith has made headlines numerous times over the past several years. In October 2017, a federal court awarded him nearly $800,000 in a civil rights violation and excessive force lawsuit Smith brought against the town of Kremmling and several of the town’s police officers.
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