An Order is a written direction or command delivered by a court or judge. 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.
Colorado Order Setting Aside Dismissal for Want of Prosecution
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Multi-State
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US-02470BG
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How to fill out Order Setting Aside Dismissal For Want Of Prosecution?
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FAQ
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.
On motion for post-trial relief in an action tried without a jury, the court may, if a ground exists, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct entry of a new judgment.
An action may be dismissed prior to answer or motion for summary judgment. An action may be dismissed by notice, without court order, at any time before the adverse party files an answer or motion for summary judgment.
Rule 35(c) Proceedings. Section 18-1-410, C.R.S. and Rule 35(c) of the Colorado Rules of Criminal Procedure allow defendants to raise certain claims in the trial court even after they have been convicted and exhausted all of their direct appeal rights.
Rule 35(a), entitled ?Correction of Illegal Sentence? permits a Court to ?correct? a sentence that was ?not authorized by law or that was imposed without jurisdiction.? This section (a) allows the Court to do this on its own initiative.
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 motion under the rule is essentially a plea for leniency and presupposes a valid conviction. Rule 35 motion presupposes a valid conviction only for purposes of a hearing on that motion and does not preclude an appeal by a defendant from the conviction.
