Sovereign Citizen The Moment He Realized Representing Himself Was a Huge Mistake

Añadido: 2026-06-01

[00:00:00]going to take you into custody on the failure to appear warrant.

[00:00:05]>> We'll reset the matter for sentencing.

[00:00:10]I had set a no bond hold. I'm going to set bond in the amount of 25,000 cash only pending sentencing.

[00:00:19]>> 25,000, your honor?

[00:00:21]>> Yes.

[00:00:23]>> You don't think? Okay. Well, is it too late to move? Can we just move the sentence in, your honor?

[00:00:27]>> You said you weren't ready, sir. I'm ready, your honor. I would rather just go to sentencing than to have to go through this, your honor. I mean, if I'm going to have to be locked up anyways, I told you I wasn't I I'm prepared enough.

[00:00:39]I I've already presented my case. I didn't have much of a case. All I was standing on today was my motion, your honor. So, once you denied my motion, the motion was my whole case. So, without my motion, you've already ruled on my motion. So, you've already we've already discussed in writing everything.

[00:00:56]So, at this point in time, your honor, let's just move the sentence in. If it's going to take this much now, if I would have been able to um if we would have been able to to take care of the warrant, then I could get back out and prepare. I'm ready to proceed. Let's proceed to sentencing.

[00:01:09]>> Do you want to proceed to sentencing today?

[00:01:12]>> Yes, your honor. Let's proceed to sentencing. I don't want to be with no bond. Yes.

[00:01:16]>> Hey guys, welcome back to today's video.

[00:01:19]This time we've got a defendant facing sentencing after being convicted of cocaine possession and illegally possessing a firearm. And things only get worse from there. This isn't his first runin with the law either. He's already a four-time convicted felon, which means the consequences are about to hit a whole lot harder. After dragging out his sentencing for as long as possible, he's finally running out of road, especially with an 8-year mandatory prison sentence hanging over his head. But instead of accepting reality, he decides to fire up the chaos by representing himself in court.

[00:01:53]Convinced his attorney isn't on his side simply because the lawyer refuses to file pointless motions just to stall the inevitable. So with that disaster brewing, let's get into it. Okay.

[00:02:04]Recalling number 28 on his docket. 23 CR 5359 people versus the Quick.

[00:02:12]>> Kelsey Madden Kevin Wharton for the people. Your honor Chris Bradock uh riff Mr. Quick he's present.

[00:02:19]>> Okay. And we do have our court reporter for reporting.

[00:02:24]Um my understanding Mr. Quick from our conversation this morning that you are asking to proceed proay for purposes of sentencing. Is that correct?

[00:02:36]>> Yes, your honor. And you've gone over the adisement right to counsel prepared by the district attorney. Um, is that correct?

[00:02:45]>> Yes, ma'am.

[00:02:46]>> All right. I just before I release Mr. Bradock and allow you to proceed proce with you on the record. Okay, >> ma'am.

[00:02:56]So before accepting your decision to wave representation by council and allow you to proceed prosay, you're hereby advised that you have a constitutional right to self-representation under the United States and Colorado constitutions.

[00:03:14]Do you understand that?

[00:03:15]>> Yes, your honor.

[00:03:16]>> Do you understand you have the right to be represented throughout these proceedings?

[00:03:22]>> Yes, ma'am.

[00:03:24]Do you understand that if you cannot afford an attorney, one will be provided to you free of charge and indeed indeed in this case you have one free of charge. Mr. Bradock has been appointed as ADC. Is that accurate?

[00:03:37]>> Yes, ma'am.

[00:03:38]>> And you understand that?

[00:03:39]>> Yes, ma'am.

[00:03:40]>> Do you understand um that I will uh continue his representation and his appointment of counsel if you want to be represented by council?

[00:03:50]>> Um yes, ma'am. I understand that. And based on the charge charges for which you've been convicted, um that is unlawful possession of a controlled substance with the special offender, which means that your conviction is for a drug felony one underlying factual basis of a drug felony 4. Do you understand that?

[00:04:13]>> Yes, ma'am.

[00:04:14]>> Do you understand? Because of that conviction, you're looking at a mandatory sentence to the Department of Corrections between 8 and 32 years.

[00:04:21]>> Yes, ma'am. to be followed by 3 years of parole which is served after consecutive to the carceral portion of that sentence.

[00:04:29]>> Yes, ma'am.

[00:04:30]>> You understand you're looking at a fine of between $5,000 and $1 million?

[00:04:35]>> Uh yes, ma'am.

[00:04:36]>> And that there is a drug offender sir charge of $4,500.

[00:04:42]Do you understand that?

[00:04:43]>> Yes, your honor.

[00:04:44]>> There are some additional statutory fees and costs that the court may impose as well. Do you understand that?

[00:04:50]>> Yes, ma'am. How far did you go in school? Um >> GED >> and some college. Is that accurate?

[00:04:56]>> Yes, ma'am.

[00:04:57]>> Oh, you've got a GED and some college.

[00:05:00]Well, that changes everything. You probably should have led with that since it apparently qualifies you to be the greatest legal mind in the courtroom, especially when paired with your lucky court hoodie. And hey, maybe the cocaine sales were just a creative scholarship fund to pay off that some college debt.

[00:05:17]>> I suppose I need to ask, sir. You're here for sentencing. Are you going to be prepared to proceed to sentencing?

[00:05:22]>> Uh, no, your honor. I was going to ask for time to prepare, >> Mr. Bradock, were you otherwise prepared for sentencing?

[00:05:32]>> Um, yes, your honor. I was prepared to go to sentencing today, but um, Mr. Quick, we haven't uh I don't know if he has a copy of the PSI. I know he has reviewed it, but it has been quite some time since he has reviewed it. I want to say back in November, um we originally were set for sentencing and he at that time he wanted to uh retain private counsel. So uh I do know it's been probably two months or so since since we have spoken about the sentencing today.

[00:06:04]>> Okay, that's my memory as well. Mr. Quick, you had indicated that you were looking to hire counsel both for purposes of sentencing and or uh for purposes of filing the appeal in this case. My memory is that I indicated to you on the last court date that I would consider your last motion to continue um to hire counsel as of for purposes of sentencing that I was not inclined to continue the matter for entry of council for purposes of appeal as that can be done at a later time. Is that your memory as well?

[00:06:37]>> Um yes ma'am. I I suppose I need to just sort of ask bluntly. Is your request to proceed prosay based on a request to continue the sentencing in this matter?

[00:06:47]>> Yes, ma'am.

[00:06:48]>> Oh, um you uh say that one more time, your honor.

[00:06:51]>> Well, I need to know like >> um >> Mr. Bradock was prepared to proceed to sentencing today.

[00:07:00]>> I'm not promis.

[00:07:02]>> Oh, sorry. I'm not promising you that if you >> if I allow you to proceed proay that I will again continue your sentencing because it has been some time.

[00:07:13]>> Knowing that I haven't made a determination on whether or not I will continue your sentencing, is it still your request to proceed prosay?

[00:07:20]>> Um, let me think here. Um because um me me and Mr. Bradock um it's not what what we have going on right now. It doesn't have a a issue with the continuence. Um the issue that me and Mr. Bradock is having is we're not seeing eye to eye on um on motion. So, this is a a situation where me and him aren't able to um come to a an agreement. So, we're having a conflict of interest. That's what uh brought this about today.

[00:08:00]>> What motions are you not seeing eye to eye on?

[00:08:02]>> Um uh there's a motion that um that um we both were talking about and uh we just couldn't see eye to eye on the filing of the motion. And um then when it came to the private counsel, I was almost able to um I've almost been able to get private counsel, but I'm still short, your honor. I'm still short a few thousand. So that's a the conflicts that we were having in the situation.

[00:08:29]>> Well, whether you can retain counselor or not is not a conflict between you and Mr. Bradock. So >> Oh, no. Me and Mr. Bradic was uh we had um I I want to have control over fouling um motions and that's that's the problem that we're having. If I go proate then I'll be able to foul um the motions that he doesn't that we're not seeing eye to eye on.

[00:08:54]>> What motions are those? Um, the motion that we weren't seeing eye to eye on was a uh um I wanted to um I wanted to do a um I wanted to ask you for a um a motion to state execution of sentence today once I went prosay.

[00:09:18]>> Well, I I know that. Yes. But I'm what I'm telling you right now is that I'm I'm not promising you that I'll do that.

[00:09:25]You're that's essentially a request to again continue your your sentencing hearing.

[00:09:30]>> Yes, your honor.

[00:09:31]>> Um so Mr. Bradock, whether it's you or Mr. Bradock, there's a request to continue the sentencing. That's I have to make a finding whether there's good cause. It doesn't matter who files it. Mhm.

[00:09:46]>> So if your request I if for example you're asserting a conflict with your current council that would warrant or necessitate appointment of alternate alternate defense council. That's a determination I have to make on whether there's a conflict.

[00:10:05]>> Um you didn't raise that issue before.

[00:10:08]You just simply said that you wanted to proceed prosay. And I suppose my concern is you're asking to proceed proay just so you can ask to continue.

[00:10:18]>> Uh no you're um no your honor. I'm asking um um I'm not asking proay just to continue. No that's not the reason why I'm asking to go prosay. Um the reason why I'm asking to go prosay is because I would um I would like to maintain all my rights to file my own um to file my own motions. But what motions are you wanting to file?

[00:10:42]>> Um, I was going to file the um, let me see here.

[00:10:47]Okay, I have a I have a few different motions here. So, your honor, that I was going over. Um, but today I was actually going to file a motion. Um, it looks like that this motion right here, I was going to um, a verified amended motion for stay of execution, assertion of due uh, process and confrontation clause violations.

[00:11:09]State of execution of what?

[00:11:11]>> Um state of execution um assertion of due process and confrontation clause >> um violations.

[00:11:19]>> What is the due process violation that you're asserting?

[00:11:23]>> Um the due process violation that I'm asserting on this one is uh this one is more dedicated towards a new trial under uh my my uh my constitutional rights violations. So, this is more of trying to get a new uh headed towards a new trial with this motion. So, I'm just asking time to file the motion because I'm trying to pursue getting a new trial.

[00:11:46]>> So, you didn't like the outcome of your first trial and now you want a new one.

[00:11:51]Typical behavior.

[00:11:52]>> So, you're asking to proceed proay so that you can file a motion for new trial >> for new trial. Yes, ma'am. Under um procedural uh violations and constitutional violations. Yes, your honor. Is this the motion you've discussed with Mr. Bredic that he has declined to file should he continue to represent you?

[00:12:10]>> Yes. Sure. Yes, your honor. This is what we weren't seeing eye to eye on.

[00:12:14]>> Okay. So, let me just make sure we're not talking about a conflict issue. Mr. Bradock, you you you would you've made a determination.

[00:12:25]Well, I don't want to put words in your mouth. What determination have you made regarding the merits of a motion for new trial?

[00:12:37]Your honor, I I have spoken briefly to Mr. Quick regarding this uh and I uh I declined to file a motion.

[00:12:45]>> Okay.

[00:12:47]So, Mr. Quick. Um, ultimately when you're represented by council, it's your council's determination on whether or not any particular motion, including a motion for new trial, um, they have to make a determination on whether, um, it can be filed based on the merits and their assessment of the issues and factual circumstances of the case.

[00:13:10]A decision by a council not to file that motion or any sort of motion like that is a strategic decision that is within council's purview to make. So I would not find that there is a conflict that would warrant appointment of alternate defense council other than Mr. Bradock.

[00:13:30]So, and you haven't said this, but to the extent that there is a request based on a conflict that you may or may not be asserting, I would find that there is no conflict. So, you can proceed with Mr. Bradock knowing that he's made the determination that motion will not be filed or coming back to the determination on whether you want to proceed proay. Um, is it still your request to proceed proay in this matter?

[00:13:57]>> Um, yes, your honor. I would uh like to proceed prosay and I would ask if you would give me time to file my motions.

[00:14:06]>> Let me ask the people any additional record on the conflict that is quasi asserted andor record or any requests for additional findings on the request to proceed prosay.

[00:14:21]>> No nothing from people.

[00:14:22]>> All right. Based on um what I've heard today and the adisement I've given, I will grant Mr. Quick's request to proceed proay. Mr. Bradock, you are um withdrawn as counsel.

[00:14:39]I'm going to sign the advisement of right to counsel indicating that I went over this with you and my ultimate findings that Mr. Quick's decision to proceed prosay is knowing, voluntary, and intelligent.

[00:14:57]Copy of the adisement will be placed in the court record.

[00:15:02]Okay. Turning to Mr. Quick's request to continue for time to file a motion for new trial. What's the people's position >> this point? I'm objecting to the motion to continue. As the court has noted, that can be filed later. At this point, uh there's been quite a bit of time since trial. This was in September. We had sentencing in November. There's been plenty of time to prepare for sentencing. And at this point, I'm so sorry.

[00:15:25]Um, there's been plenty of time to proceed to prepare for sentencing. At this point, I am asking that we go forward on the sentence.

[00:15:33]>> Okay. Um, I am reluctant to do this, but I'm going to grant the request to continue the sentencing in this matter.

[00:15:42]>> Thank you.

[00:15:43]>> I'm going to put this on a tight deadline. Mr. Quick, you have seven days to file that motion.

[00:15:48]>> Yes, ma'am.

[00:15:49]>> Any motions?

[00:15:50]>> Yes, ma'am.

[00:15:50]>> Um, the people have 14 days to file any response to any motions. I'm going to reset the matter for sentencing.

[00:16:01]Mr. Quick, you need to plan to proceed to p sentencing on the next court date.

[00:16:06]In the event that any of the motions that you file are granted, that would um obiate or get rid of any need to continue to sentencing. We'll address it at that time, but you otherwise need to be prepared for sentencing. Do you understand?

[00:16:23]>> Yes, sir.

[00:16:23]>> Spoiler alert, he was not prepared. He rolled into sentencing late, armed with a million irrelevant excuses and apparently a family-sized bowl of breakfast crayons for emotional support.

[00:16:35]>> Mr. Quick, you've appeared.

[00:16:37]>> Um, yes, your honor. I apologize for my tardiness. I had a medical family emergency. I am moving for a stay of proceedings or a continuence today. Um, as of yesterday, I filed a a lawsuit um over in Arapjo district court. Um, I'm still having to gain a whole lot of evidence and everything in that case and just found out a whole lot that was going on. Um, this is regarding a misconduct over there. Um, that uh landed me in 24-hour lock up, 8 hours in isolation. I was roughed up and um I had to take emergency proceedings over there to get started over here and um I needed to get down here this morning and try to file emergency motions over here before the proceedings this morning. and I wasn't able to make it down here because a week and a half ago on top of me building my case right now, my fiance was rushed into the um emergency surgery with a um she had an abil umbilical she had an umbilical hernia. So then she gets scheduled for the doctor this morning for emergency to come in to make sure that she can come down and help me to be here for the proceedings cuz she's not supposed to be lifting over 10 lbs.

[00:17:59]So the only reason why I made that request before you today is because I did put in motions before coming up here. So, I didn't know if the court would need time to uh consider my motions that I've put in today or if the court I'm not sure.

[00:18:18]>> Um, let me see if I'm understanding you.

[00:18:21]You're asking to continue your sentencing.

[00:18:25]>> Um, yes, your honor. Um, I mean, I I was putting you I was just letting you know that I stopped down before coming up here today and putting in emergency motion. So, I'm not sure if um >> Well, let me just make sure I'm understanding. You're not saying to continue your sentencing because you filed a lawsuit in Arapjo.

[00:18:44]>> Oh, no, ma'am. Uh no, your honor. I'm just um I'm speaking for why I'm tardy on uh putting in my motions before coming up. So, >> I thought you were tardy because of a medical family emergency.

[00:18:55]>> Um yes, ma'am. I'm um I'm uh late because of the the medical emergency, but um I'm late with my mo putting in my motion. I had to put in my motion this morning due to the the litigation and rapold that I had to take care of before coming over for sentencing today just in case we move forward with sentencing. I had to make sure that everything was covered on those bases if I was to go into custody.

[00:19:22]So that's what >> what what's the basis that you're asking to continue?

[00:19:26]>> Um I'm asking um well the only basis that I'm asking to continue is for that I file late minute motions. So, I'm not sure if that's if the court accepts my late minute emotions or >> I I don't know what they are because when you file them in the court clerk's office, obviously they're not immediately put into the record.

[00:19:46]>> Oh, okay. Yes, ma'am. See, I wasn't aware of that, your honor. I thought once he filed them in the computer, they came right up to you. I thought you could already see >> he filed written copy. Copy. I've already scanned it. If you'd like the written copy of >> Yes. Thank you.

[00:20:02]So the the motion is motion for appeal bond and stay of execution pending appeal.

[00:20:08]>> Yes, your honor.

[00:20:09]>> And then it looks like you filed a notice of appeal.

[00:20:12]>> Yes, your honor.

[00:20:12]>> You know, there are reasons people tell you not to go prose. One of them is the very real risk of filing motions that can't even be ruled on yet, like trying to appeal a sentence before you've actually been sentenced.

[00:20:24]>> Um, as soon as I'm as um is dependent on the outcome of the sentencing. So, if I'm sentenced today, it'll be filed today with Supreme Court and as soon as we get a um a case number basically for Okay.

[00:20:38]>> the appeal case.

[00:20:39]>> So, it's pending.

[00:20:40]>> Yes.

[00:20:41]>> Um or it's it'll be filed after your sentencing.

[00:20:44]>> Yes, ma'am.

[00:20:45]>> Okay.

[00:20:46]And um um for the record, your honor, um I did I already motioned prior to this alerting the court that I was going to of everything that would be taking place today, but just like I said, I got so caught up in my personal life that I got backed up on getting all my paperwork over.

[00:21:11]>> I'm sorry. You there's an additional motion. Uh, no ma'am, you already um you've already uh looked over the motion and you've already this was in the motions that you've already answered.

[00:21:21]This is the motion that uh didn't get answered. That was the handwritten motion that was to uh put to make you aware of today that I will be filing these motions that I was this um let me see here. Let me get you the exact uh document number. I brought in the copy of it.

[00:21:39]So, I filed a um I filed an emergency appellet notice for the record and it was handwritten.

[00:21:48]>> You filed that in?

[00:21:49]>> Uh yes, your honor. You answered on you answered on this motion right here and this was the motion that I put in to let you know that I would be filing these motions that I filed today.

[00:22:00]>> Okay. So, but that doesn't require any action.

[00:22:03]>> Yes, ma'am. That's the one that you said it doesn't require any action. Yes, your honor.

[00:22:08]>> Okay. So, all of your prior motions have been ruled on, correct?

[00:22:11]>> Yes, ma'am.

[00:22:11]>> And then this morning, you filed a motion for appeal bond and stay of execution, and then you're intending if we proceed to sentencing to file the notice of appeal, which you've also filed.

[00:22:24]>> Um, yes, your honor. And I also filed a um um consent of shity from my bondsman uh for an appellet case for an appellet case.

[00:22:35]>> Okay. She agrees to stay on the bond.

[00:22:40]>> What's the people's position on the appeal request for appeal bond and stay of execution?

[00:22:47]>> Um, at this point, there's been quite a bit of time. You still able to appeal post sentencing? At this point, I am objecting and asking to go forward with sentencing today.

[00:22:55]>> At this time, your honor, I'm appealing this conviction based on a juror offense of press evidence. Furthermore, I am preserving all other constitutional procedure and jurisdictional errors occurred during this trial, including those to be identified by appellet council upon a full review of the record. And um at this time, your honor, um I just ask that you review my motion and I ask that you decide um based on the information that's in the the facts that's in the statement already that's wrote that's written into the statement.

[00:23:28]And um >> that's really all I can do. Just ask you to >> review my motions. And >> she doesn't need to review your motions because she might not even be the judge handling your appeal. And for starters, you haven't even been sentenced yet.

[00:23:48]Genius. Filing an appeal before sentencing is like trying to leave a restaurant before your food even hits the table.

[00:23:55]>> All right, Mr. Quick. Um I've considered your motion. I've read it.

[00:24:01]I'm just going to tell you I'm going to deny your request for a stay and to grant an a bond pending appeal. In this case, um the determination on whether to grant an appeal bond is discretionary.

[00:24:21]you've had notice. I've given you multiple continuences of the sentencing in this matter to prepare. You you've known for quite some time that this was a mandatory Department of Correction sentence. Um my prior orders have made very clear that the issues that you potentially want to raise will need to be raised in an appeal.

[00:24:43]Um, you're, you know, we'll, we'll talk a little bit more for purposes of sentencing, but you were convicted of a DF1 involving possession of a firearm.

[00:24:55]You've, this is, as far as I can tell, your fourth felony conviction. It's a mandatory DOC sentence.

[00:25:02]>> Um, yes, your honor. Um, >> so I'm going to deny your request.

[00:25:06]>> I'm deny your request.

[00:25:08]>> Okay. Um, your honor. Um, all I would ask, your honor, in response to um you denying my request is all I would ask is if um see here, I just ask that you put your for the record. Once again, um I'm just asking your honor that you put your reasons um for denying and I and writing forth with for me the reason why I was denied bond um because I um I understand that I asked to continue it if you needed time to um to to look over my motions, but at this time, your honor, for the record, I'm not clear why I'm being denied um a a bond an appellet bond even though I'm required to um request an appellet bond.

[00:26:05]I'm not sure why I'm being denied >> because I don't I don't see the >> I'm required to request an appellet bond.

[00:26:12]>> That's a request you made.

[00:26:13]>> Yes, your honor.

[00:26:14]>> Via a motion that you filed this morning >> that I've received a copy of and which I've reviewed. Mhm.

[00:26:20]>> I've said it's discretionary whether the court will grant that >> and I stated the reasons why I was denying it.

[00:26:30]>> Um yes. Um but I'm saying is there a legal reason why I'm being denied?

[00:26:34]Because I'm trying to figure out what um what a continuence has to do with my bond when I I meet the two factors to have a bond in Colorado. I'm not a flight risk. I've already proven that um by being free almost three years on my current bond. I'm not um I'm not a danger to anyone in the community or anybody in the community. Um I've already showed that over the last 3 years um that I'm eligible. I I'm right now and on top of that um right now I'm in the process after I get all of this done.

[00:27:19]I'm in the process of doing see here trying to get pull up all my notes for you your honor. Um, your honor, I'm currently in the process of tracing my American Indian heritage through the doll's row. This is a life-changing discovery for my family that requires me to remain in the community to gather records and finalize my tribal affiliation. And this just further proves, your honor, that um I'm not a flight risk and my ties to the community. So, it's not that I'm it's not that I'm disagreeing with the decision that you're making, your honor.

[00:27:54]I'm just trying to get on the record an understanding of um why it's being denied because I I I've shown already through the last 3 years that I'm not a flight risk. I'm not a danger to the community. Um and uh uh per your last per um per um trial after trial you and your in the court's prior argument we've already had an argument about bond and we've already proved that in my case um deadly weapon means firearm whether loaded or not loaded and that's an instruction number 14. So, it's not that I'm saying that I am questioning your decision. I'm just trying to give you my legal basis of my legal argument of why I think that I I'm in that I should be considered for a pill bond. Because we're hearing you, your honor, I'm hearing I hear why you're saying, but I don't understand the legal grounds or the procedure. Why?

[00:29:07]>> You think maybe there's a reason for that? Perhaps because you're not a lawyer. I'd also wager that the attorney you fired refused to file it for the exact same reason. It was frivolous, legally baseless, and had about as much merit as arguing with a parking meter in court.

[00:29:22]>> I'm not sure that I can say anything more to make you understand. I' I've previously said whether a court grants an appeal bond is discretionary. Mhm.

[00:29:36]>> And I've given you the reasons that I'm not going to do it in this case because I do think given the number of prior felony convictions, the conviction in this case involving a firearm, that there are sufficient risks for your failure to appear in community safety that I'm not going to grant it >> for your honor. Um, but I've never missed a court. I've never missed a court date.

[00:30:01]>> I'm not going to debate this. You filed your motion. I considered it. I asked if you had anything additional you wanted me to consider. I heard you out.

[00:30:11]I've repeated myself. I'm not This is not a debate. You've made your argument.

[00:30:18]I've made my ruling.

[00:30:20]>> Okay. Well, um >> I don't see you. You said there's a requirement for written findings. What?

[00:30:27]That's what I was trying to look at.

[00:30:29]Where is that? Um, like I told you before, your honor, I had already um alerted the c uh the court before that I would be filing these emergency motions.

[00:30:40]Uh, may I approach?

[00:30:41]>> No, no, I've already ruled on those. You said there's a Colorado appellet rule that requires I make written findings.

[00:30:47]Where is that?

[00:30:48]>> Oh, that is um um this is under um emergency filing checklist. Um this is the judge the judge's written order. Um, and it's just asking you for a reason for denying the bond and writing forth with and it's as required by C dash A-R9.

[00:31:14]Um, is that a semicolon or >> is a Oh, subb >> sub B.

[00:31:25]>> Okay.

[00:31:26]Colorado appellet rule 9 gives the reviewing appellet court authority to review any appeal bond orders and allows the appellet court to enter orders regarding a bond after review under subsection B of that rule.

[00:31:48]It doesn't require me to make specific written findings. I' I've made my oral findings. They're part of the record for purposes of appeal, which is what I think you're referring to. The rules require that you include as part of the record any written orders that you might be appealing, but I'm doesn't require me to issue written orders or findings on this particular issue. I've I've stated my orders findings and orders on the record. They are part of the record.

[00:32:22]>> Okay. So, um, how is there any way that I can is there any way that I can request a written copy or is that your discretion also?

[00:32:30]>> Yeah, I'm I'm I'm not going to do that.

[00:32:32]It's just it's just writing. There's a record. You can order the transcript.

[00:32:38]>> Okay. So, um so what do we do at this point, your honor? Do we move on to sentencing? Because at this point, I object to sentencing. Um I've already raised the um judicial errors.

[00:32:51]>> So um >> over and over again >> sir those again as I've said in all of my prior written orders >> those issues need to be raised in the appellet court.

[00:33:02]>> So you can once sentencing is finalized you can proceed with your notice of appeal and raise all of those issues but with the Mr. quick >> with the oral with the oral.

[00:33:15]>> Quick, >> those issues need to be raised in the appellet court. As I have repeatedly said in my written orders, I am not going to make a determination on whether or not the the oath was given, the issues that you've raised, as I've said, those are appallet issues. Those are you can raise those in your appeal is for the appeal court to decide whether I made errors and whether or not if I did they weren't reversal. I'm not going to continue your sentencing again. So you can rease the same issues that I've previously said.

[00:33:55]Those are appropriate for appeal.

[00:33:58]And and all I'm saying at this time, your honor, is for the record, I object to sentencing under the jury violation would um take away the court's personal jurisdiction and subject matter jurisdiction. So now that you said what I said uh said that what you said for the record, I'm still raising that issue on the record that the court's jurisdiction and I'm objecting to the sentencing and I'm just letting you know that. and on the record for the appeal court and I request to have the public defender take over my appellet case once in custody.

[00:34:33]>> I guess it doesn't matter how many times the judge explains it. All of that comes after sentencing and considering prison time is looking pretty unavoidable. A public defender will be assigned to handle any posts sentencing matters. So instead of stressing over that now maybe stop stalling and face the sentencing already. Okay, your record is made.

[00:34:54]Okay. Are we ready for sentencing?

[00:34:57]>> People are ready.

[00:34:59]>> Okay. Mr. Quick. Well, let me ask from the people. Any additions or corrections to the PSI?

[00:35:05]>> No.

[00:35:06]>> Mr. Quick, any additions or corrections to the PSI?

[00:35:15]>> Um, I don't have any objections to the pretty slow information.

[00:35:21]the presentence investigation report.

[00:35:24]Any additions or corrections?

[00:35:26]>> Um, like I told you, your honor, I don't know anything. I don't have any objections to the pretty slow information.

[00:35:33]>> I don't know what you're Are you referring to the presentence investigation report as a pretty slow information? Are we talking about the same documents?

[00:35:40]>> That's That's was my definition, your honor. That's what I thought it was.

[00:35:44]That's what I That's what I thought PSI meant. That was my definition. I didn't know.

[00:35:48]>> No, it's the document I gave to you. It says right on it, pre-sentence investigation report.

[00:35:54]>> Oh, no. I don't have that in front of me right now, your honor, to take a look at that. I only brought the information. I only brought um documents that I thought would be relevant to the motion that I filed.

[00:36:04]>> Okay. Well, I I advised you to be ready for sentencing. The pre-sentence investigation report is relevant for sentencing.

[00:36:13]You were previously provided a copy.

[00:36:15]Whether you brought it today or not is not matter. Mhm.

[00:36:19]>> Do you have any additions or corrections to that report that you were previously provided?

[00:36:26]>> Um, or I didn't report it, but I didn't report it, your honor.

[00:36:37]>> You didn't report what?

[00:36:39]>> Um, the PSI.

[00:36:41]>> What do you mean you didn't report it?

[00:36:45]>> Oh, maybe I'm not understanding, your honor. That's my definition of when you ask me when you say reporting >> the report that was generated.

[00:36:53]>> The pre-sentence investigation report.

[00:36:56]>> Yes, your honor. I didn't report anything.

[00:36:58]>> I'm not asking if you reported it. I'm asking if you have any additions or corrections to the information contained in the report.

[00:37:06]>> Uh, no. I didn't uh report any additions or anything to the report. I didn't report anything.

[00:37:12]>> I'm asking you today.

[00:37:14]>> Mhm.

[00:37:14]>> Do you have any changes to this report?

[00:37:17]Is anything wrong or incorrect?

[00:37:20]>> Um, I mean it could be wrong when reporting.

[00:37:27]I'm not sure. I didn't report anything today, your honor.

[00:37:31]>> I'm asking you today. I know you haven't reported.

[00:37:35]You previously got a copy of the presentence investigation report.

[00:37:38]>> Yes. And I told you I thought that that was a pretty slow um I told you what I thought it was already, your honor.

[00:37:45]whether you thought it was something else. You got a copy?

[00:37:48]>> Yes, I got a c I got a copy at a pretty slow information report. Yes. And I didn't report anything. So, you're asking me about >> So, I'm asking you today, >> is there any information contained in that report that is inaccurate?

[00:38:03]>> I mean, it could be information contained in there that's inaccurate. I haven't reported anything on the investigation.

[00:38:10]>> Reported. Sir, do you need to look at the presence investigation report?

[00:38:15]>> Um, >> and then you can tell me if anything's incorrect.

[00:38:18]>> I mean, I can take a look at the pretty slow U information, but I told you I really wouldn't understand cuz I didn't report anything today, your honor.

[00:38:26]>> I'm not asking if you reported today.

[00:38:28]I'm asking if you have any changes or corrections to that document. I mean, I see my documents here, but I don't see anything to change or report on any of my documents. And like I told you, I already looked over the pretty slow uh information report earlier, and I didn't have anything to report on.

[00:38:49]>> PSI doesn't stand for pre-sentence investigation. At this pace, it might as well mean pretty slow individual or pretty slow investigation. Not sure which one is technically right, but somehow both seem to fit.

[00:39:01]>> Would you like me to print a copy for him?

[00:39:02]>> No. He said he reviewed it and there's nothing to change or report. So, I'll take that as no changes or corrections.

[00:39:09]It was given to him months ago.

[00:39:12]Um, statements by the people as to sentencing. Uh, yes. At this time, your honor, I do want to note um briefly on the pre uh sorry, on the pre-trial bond report, it did note that there were uh there's a PC warrant for a felony. It looks like that case was a no file. So, at this time, this case is in the presumptive range for sentencing. Uh the range here, the mandatory minimum is 8 years. At this point, this is his fourth felony. As the court has noted, he has a prior uh marijuana distribution as an F5 from 2009.

[00:39:45]Other than that, there is no other uh drug cases. At this point, I do believe that the mandatory minimum would be appropriate given the facts, criminal history, and the PSI. I am asking for eight years in the Department of Corrections.

[00:40:01]Is there restitution?

[00:40:03]>> There is no restitution. No victim suffered a pecuniary loss.

[00:40:09]And is the MO accurate and any requests for changes?

[00:40:13]>> It is accurate. No request for changes.

[00:40:15]>> Okay.

[00:40:16]Mr. Quick, is there anything you would like me to know in terms of mitigation or statements of allocation for purposes of sentencing?

[00:40:29]I just object, your honor. um um even though that it hasn't been directly decided under Supreme Court law, but it's been looked at plenty of times and I just still feel that it would be unfair to sentence me under the where the the a smaller crime a a small crime was turned into a major crime, you know, that's unconstitutional, your honor, even though the Supreme Court hasn't answered on it, but it's still been an issue that's been raised many a times before. And to take a simple possession and then say because it uh it was a a firearm to turn it a small possession that could have been a probationable offense or a um a a small jail offense and to just take it and turn it into a aggravated bigger offense. I just think that that's unconstitutional, your honor. And I think that that's unfair for someone who from uh from 2009 a marijuana uh conviction and now marijuana is legal in our state, you know, and to hold me to hold me liable for something that's legal now that I wouldn't even be getting in trouble for in this day and time would be harsh harsh on the part of the court to hold that against me, you know, for um I've changed my life so much since then, even though the paperwork says from 2009, but from then it's been my life has been changed.

[00:42:23]So, >> okay.

[00:42:26]>> Just think it's harsh, >> okay, >> to take a petty offense and um take a aggravating factor and just turn it into such a harsh punishment, your honor.

[00:42:40]And it's already been ruled and it hasn't been answered in uh district court, but it's already been answered in federal court and it's judges discretion.

[00:42:51]So, I would think that the same rules would apply in district court that it would uh ultimately fall as your discretion on what you wanted to do in the situation. After looking over all the facts, >> my discretion >> um the mandatory uh prison sentence.

[00:43:07]I haven't found much on it for a district court besides the questions being raised about the unconstitutionality of taking a a small offense and then taking a aggravating factor and then turning it into a mandatory prison sentence and turn it into a big sentence. So, it's unconstitutional.

[00:43:28]And I I know that in the federal court it's judge's discretion. Like I say, I I haven't found any information to back that up for the district court.

[00:43:40]>> Okay. Anything further, sir?

[00:43:43]>> No.

[00:43:46]Um, just like I said, um, your honor, before, um, I just want to, um, I just want to, uh, yes, actually, I do have one more thing, your honor, since we're um, on the record. If I could just get one second to just pull up my notes one more time, your honor. Like I said, like I explained to the court before, with all my family emergencies and everything going on, I wasn't fully prepared today.

[00:44:17]I just coming in because I I'm going to show up. I show up to um answer. And I wanted you to see that I show up regardless even if it's hard or anything cuz I wanted to prove to you today that I'm not a flight risk. And um but we already addressed that issue. So, I'm not going to >> Are you saying you're not Well, here's I've already issued the warrant for your arrest for failure to appear. If you're asking to continue the sentencing because you're not prepared to proceed to sentencing, I'll set it over, but I'm going to take you into custody on that FTA warrant. So, do you want to proceed to sentencing today? And are you ready or do you want to set it over?

[00:44:55]>> You said you would take me in on the FTA warrant, your honor. Um, even with my even with my records and everything, your honor, there's no way around that. I mean, every like that's why I came in and I brought record for you and everything to >> Quick.

[00:45:09]>> Okay.

[00:45:09]>> I've already told you what your options are. If you want to continue your sentencing.

[00:45:13]>> Yes, ma'am. Yes, your honor.

[00:45:14]>> Ready?

[00:45:15]>> Yes, your honor.

[00:45:16]>> Still taking you into custody on the failure to appear warrant. So, your honor, how would I So, how would I pose?

[00:45:27]I think what I can say. Oh my goodness.

[00:45:29]Your honor, >> do you have a bond on that one or >> Well, I had said a no bond hold.

[00:45:37]I mean, your honor, I just I just don't I just don't understand why I'm why I'm being punished once again, your honor, for something that was out of my my >> You're not being punished for your hardships. You're being punished for possessing cocaine and being a felon in possession of a firearm, whether it was in your hand or not.

[00:45:56]>> Honor, I had an emergency third. Okay, Mr. Quick.

[00:45:58]>> Yes, your honor.

[00:45:59]>> Filing motions in other counties. Filing motions downstairs are not emergencies.

[00:46:04]>> Oh, no. I'm saying my fiance went in for a >> I heard you.

[00:46:08]>> Yes.

[00:46:09]>> I have made very clear.

[00:46:11]>> Mhm.

[00:46:12]>> The last time we were here in all of my written orders, you need to prepare for sentencing for today.

[00:46:18]>> Mhm.

[00:46:19]>> It was clear to you today.

[00:46:20]>> Yes, your honor.

[00:46:21]>> You were supposed to be here at 8:30.

[00:46:23]>> Yes, your honor.

[00:46:23]>> You waited until 10:30 to find that you failed to appear, >> your honor. You know, I called, your honor, uh not to cut you off. Quick, I'm not going to I'm not going to do this.

[00:46:35]>> I don't need to hear any more explanations.

[00:46:38]>> Okay.

[00:46:39]>> Can I just say, your honor, she couldn't even lift on the doctor's order. Your honor, she can't even lift.

[00:46:45]>> I am not going to readress the failure to appear.

[00:46:49]>> Okay. Your honor, >> do you want to proceed to sentencing or do you want to set your sentencing over?

[00:46:56]Um, let's set our let's set the sentencing over, your honor, so I can have me some time to get prepared.

[00:47:01]>> I'm going to take you into custody on the failure to appear warrant.

[00:47:07]>> We'll reset the matter for sentencing.

[00:47:12]I had set a no bond hold. I'm going to set bond in the amount of 25,000 cash only pending sentencing.

[00:47:21]>> 25,000, your honor?

[00:47:23]>> Yes.

[00:47:25]>> You don't think? Okay. Well, is it too late to move? Can we just move to sentencing then? Your honor, >> you said you weren't ready, sir.

[00:47:31]>> I'm ready, your honor. I would rather just go to sentencing than to have to go through this. Your honor, I mean, if I'm going to have to be locked up anyways, I told you I wasn't I I'm prepared enough.

[00:47:41]I I've already presented my case. I didn't have much of a case. All I was standing on today was my motion, your honor. So, once you denied my motion, the motion was my whole case. So, without my motion, you've already ruled on my motion. So, you've already we've already discussed in writing everything.

[00:47:58]So, at this point in time, your honor, let's just move the sentencing. If it's going to take this much now, if I would have been able to um if we would have been able to to take care of the warrant, then I could get back out and prepare. I'm ready to proceed. Let's proceed to sentencing.

[00:48:11]>> Do you want to proceed to sentencing today?

[00:48:14]>> Yes, your honor. Let's proceed to sentencing. I don't want to be in jail with no bond. Yes, your honor. I'm ready.

[00:48:19]>> Is there anything more you want to tell me for purposes of sentencing?

[00:48:23]>> Yes, your honor. But I will need my notes back.

[00:48:28]I just have two more things to say.

[00:48:30]>> What? Why? Just say them.

[00:48:32]>> I can't say them without my notes, your honor.

[00:48:36]>> Can you have his notes? Can you look at them?

[00:48:39]>> I need my phone. My notes. That's in my phone.

[00:48:45]>> Did she give you my phone?

[00:48:45]>> No, I'm not giving you your phone.

[00:48:47]>> Oh, I have my phone. I have my phone, your honor. I have my phone.

[00:48:53]Now that I've been sentenced, your honor, >> you haven't been sentenced. Sir, >> I'm ready to go to sentencing, your honor. This what I'm trying to say.

[00:49:00]That's why I was pulling up my notes because the last two things I say are part of my sentencing, your honor. I thought that when we were talking and you were addressing my motion, I thought that that was all part of sentencing.

[00:49:12]So, I just went straight into my defense, your honor. I didn't know that uh we were going to be addressing different issues. So once you went into my motion, I thought that that was all into one in the sentence. And so that's why I started my defense. I thought that we was already starting the sentence and so that's why I started to talk about my motion.

[00:49:30]>> You did start, sir.

[00:49:32]>> We're done with the motion.

[00:49:34]Miss Madden has made her statement regarding sentencing.

[00:49:37]>> Yes, >> I thought you had as well.

[00:49:39]>> I do have a I have another state. I have statements that I want to make, but I'm just I was trying to find them on my phone. Okay, let's let me hear your statements regarding sentencing.

[00:49:50]>> Okay, y'all. I'm pulling up my statement now. I had to go all the way back to my records because of the confusion and everything that was going on. I lost all my place on my stuff. So, just like I has everything that I said, your honor, is that already on the record for sentencing? So, it's already on record that I want the public defender to take over my case once I'm into custody and everything. Correct. You you've already said that and we're not there yet.

[00:50:16]>> That's what I was saying. That's what I'm Okay, >> sir.

[00:50:18]>> Oh, yes, ma'am.

[00:50:19]>> Statements regarding your sentencing.

[00:50:21]We'll get to the appeal in a moment. We have to take it one step at a time. You have to be sentenced first.

[00:50:28]>> So, is there anything that you would like to say regarding your sentencing?

[00:50:36]>> Cannot be mad at me, your honor. So, If I haven't been sentenced, your runner, how can we argue my bond yet?

[00:50:49]How can we argue my appellet bond if I haven't been sent?

[00:50:52]>> Yeah, now you're getting it. What you still don't seem to understand is that this is exactly what you've been doing the entire time, which is why every single one of your motions keeps getting denied by the judge. At this point, if he can maintain even this level of cognitive function, we might actually get through sentencing sometime this century.

[00:51:10]>> I'm going to give you one last chance.

[00:51:12]Is there anything you would like to say regarding your sentencing?

[00:51:22]>> I think I understand. I think I know. I think I understand that, your honor. And I had Oh my goodness. I have another statement, your honor. But I have to find my other statement. And I just said it to you a second ago and now I can't find it because I thought we were to that point in the court.

[00:51:52]Obviously the record in this case the the court has heard the jury trial. I think I need to clarify. I think that we may have addressed this on the record on November 11 when we clarified the counts, but PSI says convictions for counts one and three. We previously clarified the conviction was for the lesser included of count two, the DF4 and then the special offender DF1 as charged in count one. So those are corrections to the PSI. So really I'm sentencing on count one, the DF1 and count two, the DF4. Correct.

[00:52:37]>> Correct.

[00:52:39]>> I think, and you can correct me if I'm wrong or anyone can, but I think the count two needs to merge into count one and there's a single sentence.

[00:52:48]>> It does. The DF1 count one acts more as a sentence enhancer than anything else, but it's weird in the law.

[00:52:54]>> All right. The court will order that count two, the DF4 lesser included, is merged into count one. The sentence will be on count one, the DF1.

[00:53:06]The sentencing range on that DF1 is between 8 and 32 years, Department of Corrections, to be followed by 3 years of mandatory parole, and a possible fine of between 5,000 and 1 million.

[00:53:26]The court has considered again the contents of the PSI, the facts as the court heard during the trial, the statements by councils today and Mr. Quick today.

[00:53:43]As a preliminary matter, I'm not entirely sure I was tracking Mr. Quick's arguments. Mr. Quick to clarify, you're not being sentenced because of a prior marijuana offense. You're being sentenced because the jury's findings in this case for your conduct in this case as it was charged, which includes possession of cocaine and a firearm, not marijuana.

[00:54:11]So that's what I'm sentencing you on. to the extent that you perhaps were asserting there's a constitutional infirmity with the DF1 sentencing scheme or the statutes. Um, I'm denying you haven't made a sufficient argument for me to find that those statutes are unconstitutional.

[00:54:36]those challenges are denied to the extent that you're asserting something to do with federal court and perhaps some discretionary sentence options in federal court. I I don't know exactly what those are, but they're not applicable here. Your conviction is in state court. The conviction for the drug felony one in this circumstance is a mandatory Department of Correction sentence. The court has no discretion.

[00:55:02]The only discretion the court has is between a sentence of 8 and 32 years.

[00:55:09]As I indicated previously when I addressed your request for an appeal bond, um this is your fourth felony conviction on a mandatory sentence involving possession of a firearm and controlled substances.

[00:55:30]One of your prior felony convictions was for an attempted secondderee assault that was from 2002.

[00:55:39]The other two are 09 and 2014 respectively. Both are nonviolent offenses and don't involve firearms. I find that somewhat mitigating notwithstanding the fact that they are in fact prior felony convictions.

[00:55:58]The court has considered all of the sentencing factors that are enumerated in 181 102.5.

[00:56:07]>> I still object for the record, your honor. Under the once again, like I said, I'm not a flight risk. I don't pose a threat to the community.

[00:56:15]>> I You've made your record. You don't need to do it repeatedly. Yes, ma'am.

[00:56:20]>> It's been made.

[00:56:20]>> Okay.

[00:56:21]>> Okay.

[00:56:22]I've considered the sentencing factors in Mr. Quick's record as a whole. Again, considering the nature and circumstances of the case as presented and giving respect to the jury trials, the jury's verdicts and findings, the court finds and agrees with the people that the minimum department of correction sentence is fair and appropriate in this case.

[00:56:49]Accordingly, on count one, Mr. quick.

[00:56:51]You're sentenced to 8 years Department of Corrections to be followed by 3 years of mandatory parole.

[00:56:58]>> Well, on the bright side, during your 8-year extended stay at the Steelbar Motel, you might finally have enough time to perfect that appeal. And now we reach the moment where he starts to completely crash out.

[00:57:10]>> Mr. Frick, as to the issue regarding appeal, you will be incarcerated. So, you do automatically qualify for the appointment of the office of the public defender to represent you on your appeal. Are you asking that the court appoint the office of the public defender to represent you?

[00:57:27]>> Yes, I'm asking that the court um appoint the public defender to represent me on my appellet case as long as I'm in custody.

[00:57:40]>> All right, sir. I will so order that.

[00:57:43]I'll get a written order issued appointing the office of the public defender for purposes of appeal. I'll make a finding that you may proceed in form of proper which will allow the office of the public defender to proceed without appeal without payment of costs.

[00:58:03]There's 49 days sir for you to file that notice of appeal and otherwise docket it.

[00:58:12]um by appointing council. I would expect that your council will do that and they are certainly aware of that limitation.

[00:58:21]>> My council will be taken over from the progress cuz it would already it would already be filed.

[00:58:27]>> Additionally, sir, you have the right to seek a or request reconsideration of the sentence. A motion pursuant to rule 35B must be filed within 126 days from today if no appeal is sought. If an appeal is sought, it's 126 days or 18 weeks after your conviction is otherwise affirmed. If that is in fact what happens, I'm also going to notify you, sir, that you may spend less time incarcerated than the term that I have announced here. The actual time served will be influenced by a number of factors including but not limited to your previous criminal activities.

[00:59:09]Eligibility for earn time for good be and good time your correctional education program earn time. It will be reduced by that credit for time serves and there's also a consideration it may be reduced pursuant to your community corrections eligibility.

[00:59:30]Is there anything further from the people?

[00:59:32]>> Nothing further.

[00:59:34]>> Anything further, Mr. Quick?

[00:59:35]>> Nothing further.

[00:59:37]>> Okay. Um, you are I'm going to vacate the warrant. You're remanded to serve that 8-year Department of Correction sentence.

[00:59:45]>> And your honor, when the order granting the motion to proceed in form aopus is filed, can we just get it sent to either myself or Miss Royceman so that we can file the appellet packet, please?

[00:59:54]>> Yes. And for the record, that was Miss Paloma Kalipo with the public defenders office. I'll send it to you and Miss Royceman for your request.

[01:00:04]>> Okay.

[01:00:08]>> All right. Thank you, Miss Hermio.

[01:00:10]Included.

[01:00:13]>> I'm going to set it off to the side so she can call another case.

[01:00:16]>> Thank you. Have a nice day.

[01:00:19]>> 12,000 vote. Now, >> Miss Madden, do you want to take these back? Yes. Okay. Thank you.

[01:00:25]>> Hear what the public defender says. That was to my cousin. Uhhuh. Everything right there goes to my cousin.

[01:00:32]>> Found it.

[01:00:33]>> He didn't really take anything in. He just sat there asking for a public defender to handle his appeal, then immediately turned around and told his cousin to ignore the public defender and file the appeal himself. Not exactly a solid strategy. Maybe that's because his cousin is named Benny. Who knows?

[01:00:50]Anyway, that's going to wrap up today's video. If you enjoyed it, hit the like button. If you didn't, hit the dislike.