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Petition For Postconviction Relief Pursuant To Crim. P. 35(c) 4 - Colorado
| Petition For Postconviction Relief Pursuant To Crim. P. 35(c) Form. This is a Colorado form and can be used in General Statewide . |
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District Court _____________________ County, Colorado Court Address: People of the State of Colorado v. Defendant Attorney or Party Without Attorney (Name and Address): Phone Number: FAX Number: COURT USE ONLY Case Number: E-mail: Division Courtroom Atty. Reg. #: PETITION FOR POSTCONVICTION RELIEF PURSUANT TO CRIM. P. 35(c) CONVICTION UNDER ATTACK 1. What was the date of your conviction? _________________________________________(day/month/year). 2. Which of the following resulted in your conviction? 3. Were you represented by an attorney? YES PLEA, NO JURY TRIAL, OR COURT TRIAL. If yes, list the names and addresses of any attorney who has ever represented you in this case. Attach additional sheets if necessary. Name: Address: _______________________________ _______________________________ _______________________________ _______________________________ Name: Address: _________________________________ _________________________________ _________________________________ _________________________________ Nature of Representation (for example: preliminary hearing, plea, trial) _________________________________ _________________________________ ______________________________ ______________________________ DIRECT APPEAL 4. Was this case appealed? YES NO If yes, please provide the following: Appeal Case Number: ________________________________________________________________________ Appellate Court: _____________________________________________________________________________ Result: ____________________________________ POSTCONVICTION PROCEEDINGS 5. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications, or motions with respect to this judgment in any court, state or federal, such as Rule 35(a), Rule 35(c), or a Writ of Habeas Corpus? YES NO FORM 4 7/04 PETITION FOR POSTCONVICTION RELIEF PURSUANT TO CRIM. P. 35(c) Page 1 of 4 American LegalNet, Inc. www.FormsWorkflow.com Date: ____________________________ 6. If your answer to 5 was "YES" give the following information for each petition filed: a. FIRST petition, application or motion. (1) Name of court ________________________________________________________________ (2) Nature of proceeding (for example, Rule 35(a), Rule 35(c), § 2254 Writ of Habeas Corpus) ________________________________________________________________________________ (3) Claims raised ________________________________________________________________________________ ________________________________________________________________________________ (4) Name of attorney if any _________________________________________________________ (5) Did you receive an evidentiary hearing on your petition, application, or motion? YES NO (6) Result _______________________________________________________________________ (7) Date of Result _________________________________________________________________ (8) Did you appeal the result? YES NO i) If you did appeal, what was the result and date of the court's decision (or attach a copy of the court's opinion or order)? ____________________________________________________________________________ ____________________________________________________________________________ ii) If you did not appeal, briefly explain why you did not. ____________________________________________________________________________ ____________________________________________________________________________ b. For a second or subsequent petition, please answer the questions listed in (6)(a)(1) through (7) above. Attach a separate sheet of paper and state at the top that you are listing other motions or petitions filed in this case. REQUEST FOR COUNSEL 7. Are you requesting that counsel be appointed to represent you on this petition? YES CLAIMS Briefly specify every ground on which you claim that you are being held unlawfully. · · STATE THE FACTS RELATED TO YOUR CLAIM ON ONE PAGE AND PUT ANY LEGAL AUTHORITY ON A SEPARATE PAGE. YOU SHOULD RAISE IN THIS PETITION ALL THE CLAIMS FOR RELIEF THAT RELATE TO THE CONVICTION ORSENTENCE UNDER ATTACK. IF YOU DO NOT RAISE ALL CLAIMS HERE, THE COURT MAY NOT HAVE TO ENTERTAIN LATER MOTIONS FOR SIMILAR RELIEF. NO If yes, please attached an indigency application (JDF 208). FORM 4 7/04 PETITION FOR POSTCONVICTION RELIEF PURSUANT TO CRIM. P. 35(c) Page 2 of 4 American LegalNet, Inc. www.FormsWorkflow.com GROUNDS OF PETITION Specify every ground on which you claim that you are being held unlawfully, by placing a check mark in the appropriate box below and providing the required information. Include all facts. Attach pages stating the grounds and the facts referenced to each claim. 8. The grounds for this Petition are as follows: (check all that apply) a. The Defendant has sought appeal of a conviction within the time prescribed, and judgment on that conviction has not then been affirmed upon appeal, and there has been a significant change in the law which if applied to this conviction or sentence, the interests of justice allow the retroactive application of the changed legal standard. (In other words, there was a change in the law and the Defendant is allowed the positive retroactive effect of the change.) No review of a conviction of crime was sought by appeal within the time prescribed therefore, or a judgment of conviction was affirmed upon appeal. However, in good faith the Defendant alleges one or more of the following: (1) That the conviction was obtained or sentence imposed in violation of the Constitution or laws of the United States or the constitution or laws of this state. That the Defendant was convicted under a statute that is in violation of the Constitution of the United States or the constitution of this state, or that the conduct for which the applicant was prosecuted is constitutionally protected. That the court rendering judgment was without jurisdiction over the person of the applicant or the subject matter. That there exists evidence of material facts, not theretofore presented and heard, which, by the exercise of reasonable diligence, could not have been known to or learned by the Defendant or his attorney prior to the submission of the issues to the court or jury, and which requires vacation of the conviction or sentence in the interest of justice. Any other ground otherwise properly the basis for collateral attack upon a criminal judgment. That the sentence imposed has been fully served or that there has been unlawful revocation of parole, pro
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