Mark Smith files appeal

Robert “Mark” Smith, owner of the Eagle’s Nest Trailer Park in Kremmling, has filed a notice of appeal.

In December, Judge Nicholas Cantanzarite found Smith violated the terms and conditions of his probation on a deferred judgment for a 2016 assault and menacing case. Consequently, Smith was ordered to serve a two year sentence in county jail. Judge Cantanzarite also gave the option for Smith to receive credit for his jail time at a mental health facility.

The appeal will allow for Smith’s case to be reexamined at the District level under Judge Mary Hoak. In previous court hearings, Smith suggested he cannot get a fair trial in Grand County. As the District Court judge, Hoak can recuse herself if necessary.

The appeal allows for a stay of sentencing which allows Smith to make bail. His bail is currently set as $50,000 cash, and he is currently in custody.

Smith has been jailed since October 5, 2018 for concerns of public safety when the District Attorney’s office suspected Smith of not relinquishing firearms and ammunition.
He is represented by his criminal attorney, Daniel J. Deters.