TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Sentence Reconsideration
5. Filing Deadline
6. Mitigating Factors
7. Rehabilitation Evidence
8. Proposed Modified Sentence
9. Legal Authority
10. Proposed Order
11. Certificate of Service
12. State-Specific Notes

Caption

DISTRICT COURT, [________________________________] COUNTY, COLORADO

Court Address: [________________________________]

MOTION FOR RECONSIDERATION OF SENTENCE PURSUANT TO COLO. R. CRIM. P. 35(b)

Motion Header

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully moves this Court to reconsider the sentence imposed in the above-captioned matter pursuant to Colorado Rule of Criminal Procedure 35(b). In support thereof, Defendant states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. CDOC Number: [________________________________]

3. Date of Original Sentencing: [__/__/____]

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Sentence Imposed: [________________________________]

7. Mandatory Parole Period: [________________________________]

8. Consecutive or Concurrent: [________________________________]

9. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ No Contest

10. Plea Agreement: ☐ Yes — Terms: [________________________________] ☐ No

11. Direct Appeal Filed: ☐ Yes — Case No.: [________________________________] ☐ No

Grounds for Sentence Reconsideration

Defendant respectfully requests reconsideration of the sentence on the following grounds:

☐ A. Evidence Not Considered at Sentencing
The Court did not consider the following evidence at the time of sentencing: [________________________________]

☐ B. New Information Developed Since Sentencing
Since the date of sentencing, new information has become available: [________________________________]

☐ C. Changed Circumstances
Defendant's circumstances have materially changed since sentencing: [________________________________]

☐ D. Demonstrated Rehabilitation
Defendant has demonstrated substantial rehabilitation in the period since sentencing: [________________________________]

☐ E. Disproportionate Sentence
The sentence is disproportionate to the offense and to sentences imposed on similarly situated defendants: [________________________________]

☐ F. Sentencing Error or Reliance on Incorrect Information
The Court relied upon materially inaccurate information at sentencing: [________________________________]

☐ G. Cooperation with Law Enforcement
Defendant has provided substantial cooperation to law enforcement: [________________________________]

☐ H. Illegal Sentence (Rule 35(a))
The sentence imposed is illegal because: [________________________________]

Filing Deadline

Date of Sentencing: [__/__/____]

120-Day Deadline: [__/__/____]

This motion is timely filed because: [________________________________]

Mitigating Factors

Defendant respectfully asks the Court to consider the following mitigating factors:

☐ Defendant's age at the time of the offense: [________________________________]

☐ Defendant played a minor role in the offense: [________________________________]

☐ Defendant's limited or no prior criminal history: [________________________________]

☐ Defendant's mental health history or diagnosis: [________________________________]

☐ Defendant's substance abuse history and treatment: [________________________________]

☐ Defendant's family responsibilities and dependents: [________________________________]

☐ Defendant's employment history and community contributions: [________________________________]

☐ Defendant's military service: [________________________________]

☐ Defendant's educational background: [________________________________]

☐ Defendant's acceptance of responsibility and remorse: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant presents the following evidence of rehabilitation since sentencing:

☐ Educational programs completed: [________________________________]

☐ Vocational training completed: [________________________________]

☐ Substance abuse treatment programs: [________________________________]

☐ Disciplinary record while incarcerated: [________________________________]

☐ Community service or involvement: [________________________________]

☐ Letters of support from: [________________________________]

☐ Reentry plan upon release: [________________________________]

☐ Other rehabilitative accomplishments: [________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court modify the sentence as follows:

Justification for proposed modification: [________________________________]

Legal Authority

1. Colo. R. Crim. P. 35(b) — Allows the court to reconsider a sentence within 120 days of imposition. The court may reduce but not increase the sentence.

2. Colo. R. Crim. P. 35(a) — Allows correction of an illegal sentence at any time.

3. C.R.S. § 18-1.3-401 — Sets forth presumptive sentencing ranges for felony offenses in Colorado.

4. C.R.S. § 18-1-409 — Provides for appellate review of sentences.

5. People v. Wenzinger, 155 P.3d 415 (Colo. App. 2006) — Addressed the scope and limitations of Rule 35(b) motions, including the prohibition on sentence increases.

6. People v. Thomas, 185 P.3d 859 (Colo. 2008) — Confirmed the 120-day jurisdictional deadline.

7. Additional Authority: [________________________________]

Proposed Order

DISTRICT COURT, [________________________________] COUNTY, COLORADO

ORDER ON MOTION FOR RECONSIDERATION OF SENTENCE

This matter having come before the Court on Defendant's Motion for Reconsideration of Sentence pursuant to Colo. R. Crim. P. 35(b), and the Court having considered the motion, the record, and the arguments of counsel:

IT IS HEREBY ORDERED that:

☐ The Defendant's Motion is GRANTED. The sentence previously imposed on [__/__/____] is hereby modified as follows: [________________________________]

☐ The Defendant's Motion is GRANTED IN PART. The sentence is modified as follows: [________________________________]

☐ The Defendant's Motion is DENIED.

☐ A hearing on this matter is set for [__/__/____] at [____] a.m./p.m.

DONE AND ORDERED this [____] day of [________________], [________].

_________________________________________
Hon. [________________________________]
District Court Judge

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Reconsideration of Sentence was served upon:

Office of the District Attorney, [________________________________] Judicial District
[________________________________]
[________________________________]
[________________________________]

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Colorado Courts E-Filing (ICCES)
☐ Facsimile

_________________________________________
[________________________________]
Attorney for Defendant
Colorado Attorney Registration No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Distinction from Direct Appeal:
A Rule 35(b) motion asks the sentencing judge to reconsider, whereas a direct appeal challenges legal errors to the Colorado Court of Appeals. A denial of a 35(b) motion is generally not appealable, though a denial of a 35(a) or 35(c) motion may be.

No Sentence Increase:
The court may not increase a sentence on a Rule 35(b) motion. This is a critical protection for defendants.

Prosecutor's Right to Be Heard:
The court cannot grant a 35(b) motion without giving the prosecution an opportunity to respond. However, the court may deny the motion without a hearing.

Post-Conviction Relief Under Rule 35(c):
For challenges based on constitutional violations, newly discovered evidence, or ineffective assistance of counsel, defendants should file under Rule 35(c) rather than 35(b). Rule 35(c) has its own limitations periods.

Retroactive Sentencing Changes:
Colorado has enacted various sentencing reforms. Whether changes apply retroactively depends on the specific legislation. Defendants should review whether any recent amendments to C.R.S. § 18-1.3-401 or related provisions may benefit their case.

Mandatory Parole:
Colorado sentences include a mandatory parole period. A reduction in the imprisonment term does not eliminate the mandatory parole period, which is set by statute.