Colorado Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify

State:
Multi-State
Control #:
US-02238BG
Format:
Word; 
Rich Text
Instant download

Description

It has been held that a court of original general jurisdiction has plenary power (complete power) over its judgments during the term at which they were rendered, and that the court may modify a sentence during that term by reducing the punishment to be served. However, some authorities have held that when a valid judgment and sentence have been rendered, the court has no jurisdiction, after the sentence has been executed in whole or in part, to set it aside and impose a new sentence. A state statute may provide authority for the reduction of a sentence in compliance with the statute's terms.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Motion for a Judgment of Acquittal. (a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.

Rule 35 - Determination of Appeal (a) Disposition of Appeal. The appellate court may, in whole or in part, dismiss an appeal; affirm, vacate, modify, reverse, or set aside a lower court judgment; and remand any portion of the case to the lower court for further proceedings.

In Colorado, a motion for reconsideration is a request for sentence reduction made by a defendant who has already been convicted and sentenced for a criminal offense. Also called 35(b) proceedings, the process provides defendants with a second chance to argue for lesser penalties. may consider new evidence.

Under current Rule 35(b), if the government believes that a sentenced defendant has provided substantial assistance in investigating or prosecuting another person, it may move the court to reduce the original sentence; ordinarily, the motion must be filed within one year of sentencing.

Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.

Under Colorado Rule 35(b), a motion for reconsideration is when defendants who have been convicted of and sentenced for a crime ask the court to lessen the sentence. (The motion is often called a ?Rule 35b motion? or just a ?35b motion?).

A judge may in fact modify your sentence if their was a clerical error. Yes. A court generally maintains power to correct an incorrect sentence. This means that if the sentence was brought about by a clerical error, the court can simply amend the abstract of judgment to reflect the correct sentence.

The court may reduce the sentence provided that a motion for reduction of sentence is filed (1) within 120 days after the sentence is imposed, or (2) within 120 days after receipt by the court of a remittitur issued upon affirmance of the judgment or sentence or dismissal of the appeal, or (3) within 120 days after ...

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Colorado Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify