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

CO Rev Stat § 16-13-1002 (2018) (N/A)
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(1) A person may petition the sentencing court for a resentencing hearing if he or she 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 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., 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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§ 16-13-1001. Legislative declaration
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