Denver prosecutors charged a former state senator with criminal trespass Wednesday, accusing him of moving back into his home after he was evicted.

Robert "Rob" Hernandez, a Democrat, represented northwest Denver until term limits forced him out in 2002.

According to police, Hernandez was evicted Feb. 16 from his home on Stuart Street and was arrested when he was found there three days later.

He had moved a large amount of his property back into the house, turned the water back on and put food in the refrigerator, police said. A padlock had been cut off a garage door, police said.

Hernandez allegedly had defaulted on his mortgage, leading to the eviction, said Lynn Kimbrough of the Denver district attorney's office.

Hernandez is free on $5,000 bond.

He couldn't be reached for comment Wednesday, but he said last week that he had been evicted from his home because of a refinancing problem that hadn't been resolved in time. He said he was arrested after retrieving property.