A Colorado man has been sentenced to serve 2.5-years in the Arizona Department of Corrections for a weapons misconduct offense he committed in Benson while on parole for an earlier conviction in his home state.
Robert James Krause appeared Tuesday before Judge James Conlogue via video hookup from the Cochise County jail. He and his court-appointed attorney asked the judge for probation in lieu of prison for the weapons charge, which involved Krause’s prohibited possession of a firearm as a felon.
Krause, 29, signed a plea deal in June to resolve several charges filed against him related to theft and weapons charges. He was hoping for a suspended sentence which would allow him to enter a drug treatment program in Arizona, followed by intensive supervised probation.
However, prosecutor Jason Lindstrom pointed to Krause’s criminal history of at least seven prior convictions along with nine petitions to revoke probation or parole.
“It’s the State’s position that Mr. Krause needs to go to prison,” Lindstrom stated. “He’s been around the block. He’s had many chances, many opportunities. He needs to pay the piper.”
Conlogue agreed that a term of probation was problematic for a Class 4 felony involving weapons misconduct committed while Krause was already on parole in an old Colorado case. The Colorado Department of Corrections currently lists Krause as an absconder for a term of parole that wasn’t set to expire until February 2022.
“You’re in a situation now where there’s really no way out,” Conlogue told Krause, who was given the presumptive term of 2.5-years. The judge also gave Krause credit toward his sentence for 55 days already spent in custody.
Krause must serve at least 85 percent of the sentence in ADC custody; the remainder can be served on supervised community release at the discretion of ADC officials, according to the judge.
In the meantime, Krause could still be extradited to Colorado. Conlogue set an extradition review hearing for Aug. 24, which Krause can participate in telephonically if he’s already in ADC custody.
The other charges filed against Krause in June were dismissed as part of the plea deal. He now has 90 days to file a notice for post-conviction relief if he believes his case has been mishandled.