Anthony Kelleher attempted to appeal his aggravated sentence of six years to the Department of Corrections but was denied by the Colorado Court of Appeals last week.
Kelleher was charged with numerous felonies based on his assaults, including forcible sexual contact, and pleaded guilty to added counts of menacing and unlawful sexual contact, according to the case background.
The presumptive sentencing range for the menacing conviction was one to three years with a potential aggravated sentence of up to six years.
During sentencing, the court described Kelleher’s extensive criminal history, stating: “What I find troublesome is in looking back at your criminal history, your juvenile criminal history, is how often it involves violence, especially against someone that you claim to love,” the court said. “Now we have a truly horrendous episode … I think the community needs protection and it needs to be protected specifically from you, especially women.”
The court ruled to sentence him to six years but suspended the sentence on the condition that Kelleher successfully complete 10 years of probation.
“If you do not successfully complete probation, you will go to prison for six years. That’s an aggravated range sentence,” the court said.
A probation officer later revoked his probation because he was unsuccessfully discharged from sex offense-specific treatment, failed to register as a sex offender, tested positive for methamphetamine and failed to submit to drug testing on two occasions.
He was resentenced to six years in jail.
Kelleher objected to he aggravated six-year sentence, stating that it violated previous precedent.
The court denied Kelleher’s appeal because of his significant criminal history with misdemeanors and prior criminality against female intimate partners.