My fiance has done 15 years in CO. I am trying to find out how the Blakely ruling is affecting Co inmates. He falls under this ruling. If you have any information please help me

My fiance has done 15 years in CO. I am trying to find out how the Blakely ruling is affecting Co inmates. He falls under this ruling. If you have any information please help me

Hi Kistigger

The Blakley Ruling states that a judge in a non-jury trial cannot impose the upper term of a sentence in states that adhere to determinate sentencing guidelines. We used that to argument to get my mans sentnece lowered to the mid term from the upper.

Now we did that by petitioning the sentencing judge to reconsider however in our case it was done within 60 days of his original sentnence. So in your case you would require the assistance of an attorney and have to do an appeal for a sentence modification.

Here's a list of links for information on the ruling and sources of help.

http://blakelyblog.blogspot.com/2004/07/9th-circuit-issues-blakely-ruling.html

http://sentencing.typepad.com/

For Low Income Assistance (not assuming it applies)
http://www.coloradolegalservices.org/

Free Legal Advice website. (be clear on your question explaing as many details as possible and expect some smart ass answers from some attorneys however be patient with your post as someone with good information will come forward)

http://forum.freeadvice.com/forumdisplay.php?f=29

Also if your mans case was originally handeled by a public defenders office try calling them and see if they can do anything.

Best of luck

RPinSD