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CHAPTER 14: POST-JUDGMENT PROCEEDINGS - Table of Contents

14.1 - Overview14.2 - Direct Appeals14.3 - Crim. p. 35(b) Proceedings (Reconsideration of Sentence)14.4 - Crim. P. 35(c) Proceedings14.5 - Revocation Proceedings14.6 - Appeals to Federal Court14.7 - Appeals in Civil Cases

14.3 CRIM. P. 35(b) PROCEEDINGS

Rule 35(b) of the Colorado Rules of Criminal Procedure allows a criminal defendant who has been convicted and sentenced to ask the sentencing judge to reconsider the sentence that the judge imposed on the defendant. A defendant who seeks such a reconsideration of sentence must file a motion to reconsider within 120 days of the date of sentencing. If the case is appealed, a motion for reconsideration of sentence must be filed within 120 days of the date that the appellate court sends the case back to the trial court. A trial judge who receives a motion for reconsideration of sentence may deny the motion without a hearing, or may set a hearing on the motion. A trial judge cannot grant such a motion without giving the prosecutor an opportunity to be heard but may deny the motion without allowing the defendant to present any more information than the defendant presented in the motion itself.

This procedure gives the sentencing judge a second opportunity to consider the propriety of the sentence imposed. In the motion, and at the hearing if one is granted, the defendant will attempt to persuade the judge that there was evidence that the judge should have considered when imposing the sentence, or that there is new evidence that the judge should now consider, that justifies a lower sentence. A judge may not increase a sentence at this time.

The defendant can present to the judge any new evidence that is developed in the time between the original sentencing and the reconsideration. However, it is the responsibility of the court to rule on the motion within a reasonable time after its filing. The reasonable time is only that time reasonably necessary to decide the issue presented by the motion and not an opportunity to wait and reevaluate the sentencing decision in the light of subsequent developments.

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