Colorado § 18-1-409 Appellate review of sentence for a felony

Colorado Statutes

§ 18-1-409 — Appellate review of sentence for a felony

Colorado § 18-1-409

Title 18Criminal

Art.Provisions Applicable to

This text of Colorado § 18-1-409 (Appellate review of sentence for a felony) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 18-1-409 (2026).

Text

(1)When a sentence is imposed upon any person following a conviction of any felony, other than a class 1 felony in which a death sentence is automatically reviewed pursuant to section 18-1.3-1201 (6) for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 (6) for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102 (6), the person convicted shall have the right to one appellate review of the propriety of the sentence, having regard to the nature of the offense, the character of the offender, and the public interest, and the manner in which the sentence was imposed, including the sufficiency and accuracy of the information on which it was based; except that, if the sentence is within a range agreed upon by the parties pursuant to a ple

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(1) When a sentence is
imposed upon any person following a conviction of any felony, other than a class 1
felony in which a death sentence is automatically reviewed pursuant to section 18-1.3-1201 (6) for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 (6) for an offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102 (6), the person convicted shall have the right to one appellate review of the
propriety of the sentence, having regard to the nature of the offense, the character
of the offender, and the public interest, and the manner in which the sentence was
imposed, including the sufficiency and accuracy of the information on which it was
based; except that, if the sentence is within a range agreed upon by the parties
pursuant to a plea agreement, the defendant shall not have the right of appellate
review of the propriety of the sentence. The procedures employed in the review
shall be provided by supreme court rule.

(2) No appellate court shall review any sentence which is imposed unless,
within forty-nine days from the date of the imposition of sentence, a written notice
is filed in the trial court to the effect that review of the sentence will be sought;
said notice must state the grounds upon which it is based.

(2.1) and (2.2) Repealed.

(3) The reviewing court shall have power to affirm the sentence under
review, substitute for the sentence under review any penalty that was open to the
sentencing court other than granting probation or other conditional release, or
remand the case for any further proceedings that could have been conducted prior
to the imposition of the sentence under review, and for resentencing on the basis of
such further proceedings. No sentence in excess of the one originally imposed shall
be given unless matters of aggravation in addition to those known to the court at
the time of the original sentence are brought to the attention of the court during
the hearing conducted under this section. If the court imposes a sentence in excess
of the one first given, it shall specifically identify the additional aggravating facts
considered by it in imposing the increased sentence.

Legislative History

Source: L. 71: R&RE, p. 401, � 1. C.R.S. 1963: � 40-1-509. L. 76: (2) R&RE, p. 549, � 8, effective July 1. L. 79: (2.1) repealed and (2.2) R&RE, pp. 670, 672, �� 17, 24, effective July 1; (1) amended, p. 675, � 2, effective August 1. L. 81: (2.2) repealed, p. 969, � 2, effective July 1. L. 91, 2nd Ex. Sess.: (1) amended, p. 14, � 2, effective September 20; (1) amended, p. 22, � 2, effective October 11. L. 93: (2) amended, p. 1460, � 4, effective June 6. L. 99: (1) amended, p. 799, � 21, effective July 1. L. 2002: (1) amended, p. 1510, � 179, effective October 1. L. 2002, 3rd Ex. Sess.: (1) amended, pp. 33, 34, �� 29, 30, effective July 12. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 862, � 102, effective July 1. L. 2020: (1) amended, (SB 20-100), ch. 61, p. 208, � 8, effective March 23.