Post-Conviction Relief/Reconsider Sentence
Colorado law permits a Defendant to file for a sentence reconsideration, modification, and reduction every time he or she is resentenced. This legal process is also referred to as a Postconviction Modification of Sentence. Colorado Rule of Criminal Procedure 35(b) grants the trial court permission to reconsider and reduce (hopefully) its sentence.
The rule formely called for the motion to be filed within 120 days of the imposition of sentence. However, the new rule gives additional time and requires the motion to be filed within 126 days of the imposition of sentence.
Possible outcomes of a motion to reconsider sentence include the court denying the motion without a hearing or the court granting a hearing on the matter. The court may also reduce the sentence on its own initiative within the 126 day time period specified.
A Defendant must be careful in filing a motion to reduce and reconsider a sentence, however, where the Defendant was sentenced under a plea agreement with the District Attorney (DA). If a court modifies or reduces a sentence that has been agreed upon by the DA and the Defendant, the DA can withdraw from the plea agreement and reinstate any dismissed charges and proceed to trial (as if there wasn’t a plea agreement).
Additionally, if a Defendant fails to appeal his initial sentence, he is foreclosed from contesting that sentence by motion under Crim.P.35(b). A conviction is final after 120 days if the conviction is not appealed, or 120 days after the end of the appellate process if the conviction is appealed.
A Defendant may not be given a longer sentence upon a motion for sentence reconsideration, unless the original sentence was imposed in error or is void.
If you or a loved one has recently been resentenced by the Court, you may be eligible for a post-conviction modification, reduction, and reconsideration of sentence. Contact Attorney Robbins today for a free case evaluation at 303-355-5148.