Legal Question in Criminal Law in Colorado

Filling a motion to reconsider a sentence

I am currently under a timeline on filling what is called a 35(a) which is a reconsideration motion for someone who has been sentenced on a crime. The conviction was a second degree murder. The young adult had never been in trouble with the law before this incedent. Although he is a first time offender, The state of Colorado has given this man the maximum sentnce they could give him, which is 48 years for the murder & 22 years for the drugs that they found in the vehicle apon the apprehention of the offender. They ran both sentences consecutive. What advice (if any) can you give me for a strong presentation of the 35(a)?


Asked on 4/29/06, 8:10 am

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Filling a motion to reconsider a sentence

Sentence reconsideration in Colorado is actually pursuant to 35(b) of the Rules of Crim. Pro. The deadline is 120 days. To show mitigration, get case mgr, DOC and DRDC assessments and more. Get all mitigating info. you can.

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Answered on 4/30/06, 1:50 pm


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