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Colorado Revised Statutes Title 16. Criminal Proceedings § 16-13-1002. Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A person may petition the sentencing court for a resentencing hearing if the person was:

(a) A juvenile at the time of his or her offense;

(b) Convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2.5-801 or transfer of proceedings to the district court pursuant to section 19-2.5-802 or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005; and

(c) Sentenced to life imprisonment without the possibility of parole for an offense committed on or after July 1, 1990, and before July 1, 2006.

(2) If a petition is filed pursuant to subsection (1) of this section, the sentencing court shall conduct a resentencing hearing and resentence the offender as described in section 18-1.3-401(4)(c), C.R.S.

(3) The provisions of sections 17-22.5-403(2)(c) and 17-22.5-405(1.2), C.R.S., take effect upon resentencing.

(4) A petition filed under this section is not a motion under rule 35(c) of the Colorado rules of criminal procedure.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 16. Criminal Proceedings § 16-13-1002. Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer - last updated January 01, 2025 | https://codes.findlaw.com/co/title-16-criminal-proceedings/co-rev-st-sect-16-13-1002/

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