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  #1  
Old 01-19-2011, 10:44 PM
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Default File 35 A, B. and C (Motion for reconsideration)

Does any one know have any information on File 35 A, B, or C. What is this, who is eligible, and how do you submit one?
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  #2  
Old 01-20-2011, 07:16 AM
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Welcome to the Colorado forum. Motions for reconsideration are almost automatically filed if there was a public defender for the defendant. If not then it's extra money for a private attorney to file one.

Go up to the PTO legal forum and post the question. We have a great appellate attorney in Colorado who will answer you. Her user name is Colorado_Lawyer.
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  #3  
Old 01-20-2011, 10:18 AM
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Rule 35a is for an illegal sentence. Can be filed at any time.

Rule 35b is to reconsider the sentence, and must be filed within 120 days after sentence is final or the appeal is final. The Public Defender or ADC will automatically take care of this.

Rule 35c is for a new trial. The defendant must file his own Rule 35a or c motion, and then the court will either appoint the public defender, the ADC or deny the motion.

If you can give me more specifics on what you are trying to accomplish, I can be more specific.
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Old 01-20-2011, 12:23 PM
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Is Rule 35B an option in California? Is filing a Notice of Appeal after sentencing, the same thing as Rule 35B? (or am I totally off?)
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  #5  
Old 01-20-2011, 12:47 PM
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My brother plea bargained a felony 3 sex offense and was placed on probation. He subsequently violated his probation and was sent to prison. His public defender requested a 4 year sentence and the D.A. argued for 12 years plus an additional 12 for other reasons which I am unclear about. The judge's sentence fell right in the middle at 12 years. For a first time offense and probation violation, the sentence seems extreme considering other cases I've read about. I am trying to help reduce his sentence.

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Originally Posted by Colorado_Lawyer View Post
Rule 35a is for an illegal sentence. Can be filed at any time.

Rule 35b is to reconsider the sentence, and must be filed within 120 days after sentence is final or the appeal is final. The Public Defender or ADC will automatically take care of this.

Rule 35c is for a new trial. The defendant must file his own Rule 35a or c motion, and then the court will either appoint the public defender, the ADC or deny the motion.

If you can give me more specifics on what you are trying to accomplish, I can be more specific.
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  #6  
Old 01-20-2011, 09:35 PM
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12 years, or 12 to life? If the alleged offense occurred after 1998, then the life sentence is mandatory, so it is 12 to life.

There is not enough information to conclude that this is an excessive sentence. What are your brother's prior convictions? That is the key question.

In any event, it wouldn't matter if your brother was sentenced 4-life or 12-life, because he will do more than 4 years no matter what. He will probably do more than 10 or 12 years. The reason is that sex offenders under the lifetime supervision act cannot be paroled until they finish Phase II sex offender treatment. However, the DOC only has funding for 100 slots for the phase II treatment, out of the 5000 on the waiting list. Therefore, the wait is long, and your brother will probably not even be offered the treatment for over 10 years, and he will sit in prison and be denied parole, even if he manages to get his sentence reduced to 4-life. Obviously, there are some serious due process and other constitutional issues involved here, and some friends of mine are preparing a class action lawsuit.
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Old 01-20-2011, 09:36 PM
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California should have something similar; you should ask Gryphon -- the California attorney on PTO. a Notice of Appeal is completely different. Filing the Notice of Appeal is to initiate the appellate process to appeal the legality of the conviction, etc. The motion to reconsider the sentence is something else.

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Is Rule 35B an option in California? Is filing a Notice of Appeal after sentencing, the same thing as Rule 35B? (or am I totally off?)
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Old 02-02-2011, 04:25 AM
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Default for 35b how does someone in prison give there info or to who.

for 35b how does someone in prison give there info or to who.

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Originally Posted by Colorado_Lawyer View Post
Rule 35a is for an illegal sentence. Can be filed at any time.

Rule 35b is to reconsider the sentence, and must be filed within 120 days after sentence is final or the appeal is final. The Public Defender or ADC will automatically take care of this.

Rule 35c is for a new trial. The defendant must file his own Rule 35a or c motion, and then the court will either appoint the public defender, the ADC or deny the motion.

If you can give me more specifics on what you are trying to accomplish, I can be more specific.
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  #9  
Old 02-02-2011, 09:56 AM
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I don't understand your question. Can you clarify what you are asking?

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for 35b how does someone in prison give there info or to who.
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  #10  
Old 02-02-2011, 08:20 PM
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Default I thought 35b Was a year and more in some cases

I thought 35b Was a year and in cases where the DEF. did not have the knowledge of there information till after the 1 year mark rule 35b 2 a then that would be conciderd and if they were unaware there (35b 2 b or c or something like that. Sometimes I read these wrong or just dont understand them.) information had any importance untill after a year has passed then that to was a posibility.

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Originally Posted by Colorado_Lawyer View Post
Rule 35a is for an illegal sentence. Can be filed at any time.

Rule 35b is to reconsider the sentence, and must be filed within 120 days after sentence is final or the appeal is final. The Public Defender or ADC will automatically take care of this.

Rule 35c is for a new trial. The defendant must file his own Rule 35a or c motion, and then the court will either appoint the public defender, the ADC or deny the motion.

If you can give me more specifics on what you are trying to accomplish, I can be more specific.
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  #11  
Old 02-02-2011, 08:30 PM
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Default I thought rule 35a had to be filed with in 14 days

I thought rule 35a had to be filed with in 14 days after sentencing, that it was onlyfor the court to change a Defendents sentence that resulted from math error by the court or some other clear error.

Quote:
Originally Posted by Colorado_Lawyer View Post
Rule 35a is for an illegal sentence. Can be filed at any time.

Rule 35b is to reconsider the sentence, and must be filed within 120 days after sentence is final or the appeal is final. The Public Defender or ADC will automatically take care of this.

Rule 35c is for a new trial. The defendant must file his own Rule 35a or c motion, and then the court will either appoint the public defender, the ADC or deny the motion.

If you can give me more specifics on what you are trying to accomplish, I can be more specific.
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  #12  
Old 02-02-2011, 09:01 PM
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Default 35b

I am pretty sure 35b is if you give valued information about a crime or snitched on someone. for a sentence reduction even below the guide lines
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Originally Posted by UsPlus7 View Post
Is Rule 35B an option in California? Is filing a Notice of Appeal after sentencing, the same thing as Rule 35B? (or am I totally off?)
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  #13  
Old 02-02-2011, 09:14 PM
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Default are you talking about 3582

are you talking about 3582 or are they linked but not the same.I dontget what your saying 35b is. Isn't this 35b
Rule 35 provides in pertinent part:
(b) Reducing a Sentence for Substantial Assistance.
(1) In General.
Upon the government’s motion made within one year of
sentencing, the court may reduce a sentence if the defendant, after sentencing,

provided substantial assistance in investigating or prosecuting another person.
Quote:
Originally Posted by Colorado_Lawyer View Post
Rule 35a is for an illegal sentence. Can be filed at any time.

Rule 35b is to reconsider the sentence, and must be filed within 120 days after sentence is final or the appeal is final. The Public Defender or ADC will automatically take care of this.

Rule 35c is for a new trial. The defendant must file his own Rule 35a or c motion, and then the court will either appoint the public defender, the ADC or deny the motion.

If you can give me more specifics on what you are trying to accomplish, I can be more specific.
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Old 02-02-2011, 09:24 PM
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i was given the suggestion to apply for a clemency for my boyfriend.He was sentenced for 5.6yrs and he's done 2 yrs so far. I'm not real sure what or how to try to appeal his sentence,for early release. any suggestions? and where might i go to get the ball rolling?
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  #15  
Old 02-02-2011, 09:27 PM
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You are talking about the federal rule 35(a). The original poster was asking about a Colorado state rule 35(a). The rules are not interchangeable and vary from state to state and from federal government to state.

Quote:
Originally Posted by Ol'Whatshisname View Post
I thought rule 35a had to be filed with in 14 days after sentencing, that it was onlyfor the court to change a Defendents sentence that resulted from math error by the court or some other clear error.
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Old 02-02-2011, 09:43 PM
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Again you are talking about federal rule 35, and I was answering the OP's question about a Colorado state rule 35(b) for a state court conviction. The Colorado rule and federal rule and very different.

Quote:
Originally Posted by Ol'Whatshisname View Post
are you talking about 3582 or are they linked but not the same.I dontget what your saying 35b is. Isn't this 35b
Rule 35 provides in pertinent part:
(b) Reducing a Sentence for Substantial Assistance.
(1) In General.
Upon the government’s motion made within one year of
sentencing, the court may reduce a sentence if the defendant, after sentencing,

provided substantial assistance in investigating or prosecuting another person.
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  #17  
Old 02-02-2011, 10:14 PM
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Default Sorry, my big error.

Sorry my error I think I am about ready to retire from my failed attepts.
Quote:
Originally Posted by Colorado_Lawyer View Post
Rule 35a is for an illegal sentence. Can be filed at any time.

Rule 35b is to reconsider the sentence, and must be filed within 120 days after sentence is final or the appeal is final. The Public Defender or ADC will automatically take care of this.

Rule 35c is for a new trial. The defendant must file his own Rule 35a or c motion, and then the court will either appoint the public defender, the ADC or deny the motion.

If you can give me more specifics on what you are trying to accomplish, I can be more specific.
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  #18  
Old 02-02-2011, 11:11 PM
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No, do not be sorry -- this stuff is confusing. Each jurisdiction has its own rules of criminal procedure, and they can vary greatly from state to state or the federal courts. That is why I am glad there is this forum, so that you can ask questions and try to clear up some of the confusion.
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  #19  
Old 03-20-2011, 02:30 PM
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Default Rule 35 B

Quote:
Originally Posted by Colorado_Lawyer View Post
Rule 35a is for an illegal sentence. Can be filed at any time.

Rule 35b is to reconsider the sentence, and must be filed within 120 days after sentence is final or the appeal is final. The Public Defender or ADC will automatically take care of this.

Rule 35c is for a new trial. The defendant must file his own Rule 35a or c motion, and then the court will either appoint the public defender, the ADC or deny the motion.

If you can give me more specifics on what you are trying to accomplish, I can be more specific.
My son's public defender refuses to respond to our requests for information about whether or not he filed a motion for reconsideration. We are in Colorado, it sounded like the public defender usually does that automatically. Can my son file his own motion and request a different attorney be appointed?
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Old 03-20-2011, 07:51 PM
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Yes, the public defender will do that. If there is an appeal going, it cannot be done until after the appeal is over, and the appellate attorney will take care of it. So, the public defender appellate division will file the Rule 35b motion after the appeal unless your son wants to do it himself. He will not get an attorney appointed for this.

Quote:
Originally Posted by Mommio View Post
My son's public defender refuses to respond to our requests for information about whether or not he filed a motion for reconsideration. We are in Colorado, it sounded like the public defender usually does that automatically. Can my son file his own motion and request a different attorney be appointed?
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  #21  
Old 03-23-2011, 06:14 PM
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Default Still unclear to me.

Quote:
Originally Posted by Colorado_Lawyer View Post
Yes, the public defender will do that. If there is an appeal going, it cannot be done until after the appeal is over, and the appellate attorney will take care of it. So, the public defender appellate division will file the Rule 35b motion after the appeal unless your son wants to do it himself. He will not get an attorney appointed for this.
If his attorney won't respond to us, how do we know if he has done it or not? There is not an appeal at this time. We just want them to revisit the sentence.
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  #22  
Old 03-23-2011, 09:23 PM
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Go look up his case at www.cocourts.com to see if a motion has been filed. You can also go to the courthouse and look at his file. It would be ineffective assistance of counsel to not file this motion and let the 120 day time limit expire.
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  #23  
Old 03-06-2013, 09:54 PM
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my husband was convicted by a jury, but in his attorney's closing statements he said that they should find him guilty. my husband tried to correct him, but he said they didn't hear him and it was ok. is this a motion c for a new trial or a motion for misrepresentation? or are there no options for him.
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