Any recourse left?
Denver, CO
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Posted 10 months ago in Appeals
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Background: Entered guilty plea for attempted first degree murder, 18-2-401(4), and 18-3-102 C.R.S. and aggravated first degree motor vehicle theft 18-4-409(2)(d) C.R.S. in 1996. I was sentenced in the aggravated range for both counts, 30 yrs for the attempted murder & 10 yrs consecutive for the vehicle theft.
On appeal of denial of Pro Se crim. P. 35(a) motion to correct illegal sentence the Colo Court of Appeals affirmed the denial, and found that a mandatory aggravated range sentence for criminal attempt first degree murder under the crime of violence statute would have been illegal under the circumstances of my case, however that I was not sentenced under the crime of violence statute, rather that the court found discretionary extraordinary aggravated circumstances to justify a aggravated range sentence. The court of appeals made this finding in spite of the presentence investigation report attached to my motion which stated that sentence aggravated applies pursuant to crime of violence statute 16-11-309 C.R.S.; and the court made no ruling or made no mention of the relevance or irrelevance of the content of the report. I filed a petition or writ of certiorari in the Colo Supreme Court, which was denied. Do I have any further recourse? By what means, court, motion or petition? Is it a good option to file another 35(a) motion on ground that my sentence is illegal because the district court violated the sentencing procedure mandated by 16-11-102(1)(a) C.R.S. which requires the presentence report & sentence be based on the report, and that my rights under the due process clauses were denied because the sentencing court relied upon facts that are demonstratively false?? Do I have a valid argument?? How do I raise the issue of the inaccurate presentence report without getting denied for time bar & successive motions? Any suggestions and or relevant case law would be greatly appreciated. Thanks Alfredo - Is this your question? Add additional information Answers (1)John M. Kaman
This attorney is licensed in California.
Posted 10 months ago.
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If you had a petition denied in teh CO state supreme court the next step is a state court writ of habeas corpus. You go up the ladder on that one and finally you can get to federal court where you might have a better chance.
Good luck.
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