Legal Question in Criminal Law in Colorado

35c motion vs. 35b denied

My son received an excessive sentence in El Paso county. He is only 21 and has no prior felonies. On his sentencing date, the judge granted a 35b hearing for reconsideration (filed within time permitted). Now the judge is going back on his word saying there will be no 35b. Son has no marks against him in prison. My son plea bargained, and the judge gave him a 14 year sentence. (No, he did not murder anyone.) Son is extremely frustrated. Since he plea bargained, does he have the right to file a 35c while in prison? This entire circumstance has been extremely unfair. An individual with very similar charges (only with prior felonies) received 60 jail and 5 months probation from a different judge. Many feel this sentencing is abuse of power on the part of the judge. Now he is choosing to go back on his word on the 35b. We don't see honor at work. 14 years D.O.C. (my son) vs. 90 days jail (other similar with greater charges) is a huge difference in sentencing. My son has been lynched by this who we consider to be a pompous judge. We sense corruption and politics. No checks and balances for judges out of line. Son has been incarcerated since March 2, '06. Even though my son plea bargained, can he file a 35c? Thanks.


Asked on 9/14/06, 2:29 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: 35c motion vs. 35b denied

Yes. A 35c can be filed. I wonder why his trial counsel is not being used for this. The post-conviction world is not one to be traversed alone. Get help.

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Answered on 9/14/06, 10:22 am


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