HomeMy WebLinkAbout2024CV30906 - People v. Gilmartin - 01 - Notice of Appeal-1-
215 N. Mason St.
P.O. Box 580
Fort Collins, CO 80522-0580
Plaintiff:The People of the State of Colorado, for the use
and benefit of the City of Fort Collins,
v
Defendant:Evan Gilmartin
COURT USE ONLY
Fischer Law Group, P.C.
125 S. Howes St., Suite 900
Fort Collins, CO 80521
Phone: (970) 482-4710
E-Mail: erik@fischerlawgroup.com
Courtroom:
DEFENDANT’S NOTICE OF APPEAL AND DESIGNATION OF RECORD
COMES NOW, Defendant Evan Gilmartin, by and through his counsel Fischer Law
Group, P.C. and for his Notice of Appeal and Designation of Record, hereby appeal the judgment
and findings entered in the above-referenced Municipal Court case to the District Court of Larimer
County pursuant to C.R.S. §13-10-116, C.M.C.R. 237, Colorado Rule of Criminal Procedure 37,
and applicable Colorado law, and state as follows:
A. Grounds on Appeal: The grounds for this appeal are as follows:
On or about October 1, 2024, the Municipal Court entered a civil judgment in favor of the
People of the State of Colorado and against the Defendant in proceedings under City Code § 20-
143(b) Exhibit A. On this same date, the Municipal Court entered an Abatement Order. Exhibit
DATE FILED
October 15, 2024 4:21 PM
FILING ID: 4E9BF42426793
CASE NUMBER: 2024CV30906
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B. For the reasons set forth below, the Defendant hereby seeks an appeal of the determinations by
the Municipal Court.
1. Improper Consideration of Evidence (Rule 404(b)): The Municipal Court
improperly considered evidence of Defendant's history as 404(b) evidence. Such evidence was
unrelated to the specific allegations brought forth in this case. The court relied upon evidence of
prior transgressions, using this against Defendant in a manner that was both inappropriate and
prejudicial.
2. Excessive Fine Imposed Without Valid Evidence: The Municipal Court imposed
an excessive fine without providing sufficient valid evidence that the costs associated with the fine
were connected to enforcement expenses. The record lacks sufficient justification for the amount
levied, and the fine imposed exceeds what is appropriate given the circumstances.
3. Improper Consideration of Evidence Not Addressed in the Code or Complaint: The
Municipal Court considered evidence related to Defendant's possession of a container on the
property, which Defendant used for hauling purposes. The court ordered the container’s removal
despite the fact that the municipal code does not address such use as improper, and this issue was
not included in the complaint against Defendant. The court’s ruling on this matter was outside its
scope of assessment.
4. Any other ruling adverse to Defendant and any other legal error made by the
Municipal Court.
B. Stay of Execution:
Defendant hereby requests a stay of execution, understanding that he may be required to
post a bond as a condition of the stay.
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C. Designation of Record
The Clerk of Court will prepare the Record on Appeal. This record includes all the
documents filed in the case, and any trial exhibits and jury instructions.
Please include the transcripts for these proceedings:
Motions Hearing; March 19, 2024
Motions Hearing; April 9, 2024
Hearing; May 8, 2024
Status Hearing; May 22, 2024
Status Conference; June 6, 2024
Pretrial Readiness Conference; September 5, 2024
Court Trial; September 20, 2024
Hearing; October 1, 2024
DATED this 15th day of October, 2024.
Respectfully submitted, FISCHER LAW GROUP, P.C.
/s/ Erik G. Fischer
Erik G. Fischer, #16856
FISCHER LAW GROUP, P.C.
125 South Howes Street, Suite 900
Fort Collins, CO 80521
Phone: (970) 482-4710
Email: erik@fischerlawgroup.com
Original signature on file at the office of Fischer Law Group,
P.C. pursuant to C.R.C.P. § 121-1-26(9); filed and served
electronically via ICCES.
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CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of October, 2024, a true and correct copy of the
DEFENDANT’S NOTICE OF APPEAL AND DESIGNATION OF RECORD was served,
via mail, upon the following:
Holly Coulehan
Fort Collins City Attorney’s Office
P.O. Box 580
Fort Collins, CO 80522-0580
Email: hcoulehan@fcgov.com
Tel: (970) 224-6144
I hereby certify that on this 15th day of October, 2024, a true and correct copy of the
DEFENDANT’S NOTICE OF APPEAL AND DESIGNATION OF RECORD was served,
via email, upon the following:
Fort Collins Municipal Court
215 N. Mason St.
Fort Collins, CO 80524
Email: court@fcgov.com
Tel: (970) 221-6800
/s/ Ellie Elento
Ellie T. Elento, Sr. Paralegal
FISCHER LAW GROUP, P.C.
125 South Howes Street, Suite 900
Fort Collins, CO 80521
Phone: (970) 482-4710
Email: ellie@fischerlawgroup.com