If you have been sentenced for a Colorado criminal conviction, you may ask the judge to reduce your sentence by filing a motion for reconsideration under Colorado Rule of Criminal Procedure 35(b), usually within 126 days after sentencing. This is sometimes called sentence reconsideration or resentencing.
Granting the motion is up to the judge. Even when you file on time and present strong reasons for a lighter sentence, the judge may leave the original sentence in place.
Resentencing Eligibility
Most people sentenced for a Colorado crime may file a Rule 35(b) motion within the applicable deadline. However, you may have waived your right to seek reconsideration as part of a plea agreement. The judge also cannot reduce a sentence below a mandatory minimum or otherwise impose a sentence that Colorado law does not allow.
Rule 35(b) can apply to incarceration, probation, fines, and other parts of a criminal sentence. However, special laws govern certain obligations, particularly restitution. Therefore, the court may not have the same authority to reduce every part of your sentence.
The judge is never required to grant a motion for reconsideration. If the judge denies the motion, your original sentence remains in effect. You may appeal the denial, but the appellate court generally reviews only whether the judge abused their discretion.1
Grounds for Resentencing
In Colorado, a Rule 35(b) motion asks the sentencing judge to reconsider whether the original sentence remains appropriate. It is a request for leniency, not a new trial or a second opportunity to challenge the conviction.
Useful grounds may include:
- your sentence was unusually harsh considering the offense and your individual circumstances;
- you accepted responsibility and showed genuine remorse;
- you complied with jail, prison, probation, treatment, or other court requirements;
- you completed educational, vocational, counseling, or substance-abuse programs;
- you have strong family, employment, housing, or community support;
- your physical health, mental health, trauma history, or cognitive limitations support a less restrictive sentence;
- you have shown rehabilitation and maintained good behavior since sentencing; and/or
- a shorter or different sentence would still protect the public and serve Colorado’s sentencing goals.2
You may submit new information, but the judge can also reconsider facts that were known at the original sentencing. The court must consider relevant and material information presented with the motion.
Claims that your trial was unfair, that you received ineffective assistance of counsel, or that prosecutorial misconduct made your conviction unlawful generally belong in a direct appeal or a motion under Rule 35(c) for post-conviction relief. Rule 35(b) focuses on whether the judge should reduce an otherwise lawful sentence.
Rule 35(b) Process
To seek a sentence reduction in Colorado, I file a written Rule 35(b) motion in the court that sentenced you. The motion can include records, certificates, treatment reports, letters of support, employment information, release plans, and other evidence showing why a lighter sentence is appropriate.
The judge may hold a hearing where we and the prosecution present our arguments. However, Rule 35(b) also allows the judge to decide the motion based only on the written filings and supporting documents.
The filing deadline depends on what happened after sentencing. A Rule 35(b) motion generally must be filed:
- within 126 days after the sentence is imposed if there is no appeal;
- within 126 days after the sentencing court receives the appellate court’s remittitur following an affirmance or dismissal of the appeal;
- within 126 days after an appellate order denying review or otherwise upholding the conviction or sentence; or
- within 126 days after the expiration of a stay of execution granted under C.R.S. 18-1.3-103.7.3
While a direct appeal is pending, the trial court ordinarily cannot decide a Rule 35(b) motion because jurisdiction rests with the appellate court. However, the appellate court may order a limited remand allowing the trial judge to consider the motion during the appeal.4
Frequently Asked Questions
What is a Rule 35(b) motion in Colorado?
A Colorado Rule 35(b) motion is a request asking the sentencing court to reduce an otherwise lawful criminal sentence. It does not erase the conviction or automatically require a new sentencing hearing.
In my experience, the strongest motions give the judge specific reasons to reconsider the sentence and support those reasons with records rather than general promises that the defendant will do better.
How long do I have to request sentence reconsideration in Colorado?
You generally have 126 days after sentencing to file a Rule 35(b) motion if you do not appeal. After an appeal, the 126-day period ordinarily begins when the sentencing court receives the remittitur or when an appellate order denies review or otherwise upholds the judgment.
In cases I handle, I always calculate the deadline from the court record instead of relying on when my client received notice. Missing the filing deadline can prevent the judge from considering the request.
Can I seek resentencing while my Colorado appeal is pending?
The sentencing court ordinarily lacks jurisdiction to decide a Rule 35(b) motion while a direct appeal is pending. The appellate court may, however, issue a limited remand that permits the sentencing judge to consider the motion during the appeal.
In cases involving an appeal, I carefully coordinate the two proceedings because filing in the wrong court or at the wrong time can cause delays.
Does the judge have to hold a resentencing hearing?
No. Colorado Rule 35(b) allows the judge to deny a motion for sentence reduction after reviewing the motion and supporting documents without holding a hearing.
I therefore prepare every written motion as though it will be the only opportunity to explain my client’s rehabilitation, release plan, family support, treatment progress, and other mitigating circumstances.
What evidence can support a Colorado Rule 35(b) motion?
A Rule 35(b) motion may rely on relevant and material information, including new evidence and facts known when the original sentence was imposed. Helpful evidence may include program certificates, treatment records, work history, disciplinary records, letters of support, medical information, and a detailed release plan.
From what I have seen, judges are more likely to take a request seriously when the defendant documents meaningful progress and presents a realistic plan for housing, employment, treatment, and supervision.
What is the difference between Rule 35(b) and Rule 35(c) in Colorado?
Rule 35(b) asks the judge for leniency and a reduction of a lawful sentence. Rule 35(c) generally challenges a conviction or sentence based on a constitutional or legal problem, such as ineffective assistance of counsel or an involuntary guilty plea.
Choosing the correct motion matters because Rule 35(b) should not be used as a substitute for an appeal or a valid post-conviction claim under Rule 35(c).
Can a plea agreement prevent sentence reconsideration?
Yes. In Colorado, a defendant may waive the right to seek sentence reconsideration under Rule 35(b) in a plea agreement. Whether a waiver applies depends on its wording and the circumstances under which the plea was entered.
I closely review plea agreements before filing because a Rule 35(b) waiver may limit the relief available and affect how the prosecution responds.
Can I appeal if the judge denies my Rule 35(b) motion?
Yes, a defendant may appeal the denial of a Rule 35(b) motion in Colorado. However, the appellate court generally asks whether the sentencing judge abused their discretion, not whether the appellate judges would have imposed a lighter sentence themselves.
In practice, an appeal is most viable when the record shows that the judge refused to consider relevant mitigation or failed to exercise discretion—not merely because the defendant disagrees with the result.
Legal References
- Colorado Rule of Criminal Procedure 35(b); People v. Dunlap (Colo. 2001) 36 P.3d 778. See also People v. Okazaki (Colo. App. 2026) No. 25CA1099 (unpublished).
- See Mamula v. People (Colo. 1993) 847 P.2d 1135; People v. Busch (Colo. App. 1992) 835 P.2d 582, 583.
- Colorado Rule of Criminal Procedure 35(b).
- Colorado Rule of Criminal Procedure 35(b)(4).