Did The Crime and Too Much Time

ARAPAHOE COUNTY – The 18th Judicial District sentenced an Aurora man to six years and ten months in community corrections and prison, although the law says he only owed the state four years.

James McKay says he was a crack addict in the late 90s when he tried to rob a convenience store eight years ago.

"Broad daylight, two o'clock in the afternoon, gas station filled with people," he said. "That's how the addiction had me."

McKay knocked the clerk to the floor but failed to get any money from the cash register.

He was caught and pled guilty to second-degree burglary and third-degree assault. Judge Gerald Rafferty sentenced him to concurrent terms of four years for burglary and six years for the assault.

Apparently, the judge, public defender and prosecutor all failed to notice that the assault was a class six felony, for which the maximum sentence is three years.

"Sentencing mistakes do happen," said 9NEWS Legal Analyst Scott Robinson. "Generally, they're picked up pretty quickly. It's pretty rare that any inmate has to do more time than he really is supposed to do."
9News