LEGAL GUIDE
Written by attorney Antony Mark Noble | Sep 15, 2012

Important deadlines after an appeal of a felony conviction in Colorado

If you lose an appeal of a felony conviction in Colorado, you need to be aware of the following important deadlines:

Deadline to file a Motion for Reduction of Sentence

You may file a motion for reduction of sentence in the district court under Crim. P. 35(b). In a motion for reduction of sentence, you may ask the district court to reduce the term of your prison sentence, community corrections, or probation, or to resentence you to community corrections or probation instead of prison. The deadline to file a motion for reduction of sentence is 126 days from the date that the Court of Appeals issued the mandate in your appeal.

Deadline to file a Petition for Postconviction Relief

You may file a petition for postconviction relief in the district court under Crim. P. 35(c). In a petition for postconviction relief, you may ask the district court to vacate your convicition or sentence on the grounds of ineffective assistance of counsel, prosecutorial misconduct, or other constitutional violations. The deadline to file a petition for postconviction relief for a felony conviction is three years from the date that the Court of Appeals issued the mandate in your appeal. If you intend to file a petition for writ of habeas corpus in federal court, you must file your petition for postconviction relief within one year and ninety days of the date that the Colorado Supreme Court denied your petition for writ of certiorari to toll the federal time limitation.

Deadline to file a Petition for Writ of Habeas Corpus

You may file a petition for writ of habeas corpus in the federal district court under 28 U.S.C. § 2254. The deadline to file a petition for writ of habeas corpus is one year and ninety days from the date that the Colorado Supreme Court denied your petition for writ of certiorari. The federal habeas corpus time limitation is tolled if you file a petition for postconviction relief within this time period.

These rules are complex, and failure to meet these deadlines could mean that you lose your right to pursue relief. You should consult with your appellate attorney about the deadlines in your case.

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