Legal Question in Criminal Law in Colorado

I was found not guilty by reason of insanity/ and guilty of the exact same criminal offense that happened on the same day at the exact same time by a jury. I was committed to the State hospital, and given a 16 year sentence for the guilty verdict. My question is how can a person be sane and insane at the same time? Is there a remedy that i could receive in my situation? Is there an Attorney that I could hire to have the Guilty portion of this verdict vacated so that I could be Not Guilty by reason by reason of insanity on that finding of Guilty, since it was the exact same offense?


Asked on 9/09/10, 12:42 pm

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

The date of sentencing matters in determining your options. How long ago were you sentenced? If the time has passed for appeal, you may be able to proceed with a post-conviction motion for an illegal sentence. Who was your trial attorney? The error may be in your mittimus order. That presumes that there were, in fact, contradictory findings. Much more information is needed. You may need a thorough evaluation of your case file.

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Answered on 9/14/10, 2:55 pm


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