sentence was imposed violation (Colorado) · Go Syfert
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sentence was imposed violation in Colorado

6 Colorado opinions name it 1 courts 1986–2024 1 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
People v. Rockwellgreen
colo · 2006 · cited in 1 Colorado opinions naming this issue, 2024–2024
1 sentence

2024P. 35(a) that the sentence is inconsistent with the statutory scheme, and the assertion of a claim that a sentence was imposed in violation of the constitution, which can involve a claim that the conviction itself is defective.”) (citations omitted); see also Rockwell, 125 P.3d at 422 (Coats, J., concurring in the judgment) (“[T]he defendant’s challenge to the factual basis for his offense only secondarily implicates the legality of his sentence. . . .

11
Hill v. United Statesgreen
scotus · 1962 · cited in 1 Colorado opinions naming this issue, 2009–2009
2 sentences

2009See Wenzinger, 155 P.3d at 418; see also Hill v. United States, 368 U.S. 424, 430 , 82 S.Ct. 468 , 7 L.Ed.2d 417 (1962) ("[Tlhe narrow function of Rule 35 is to permit correction at any time of an illegal sentence, not to re-examine errors occurring at the trial or other proceedings prior to the imposition of sentence.").

2009See Wenzinger, 155 P.3d at 418; see also Hill v. United States, 368 U.S. 424, 430 , 82 S.Ct. 468 , 7 L.Ed.2d 417 (1962) ("[Tlhe narrow function of Rule 35 is to permit correction at any time of an illegal sentence, not to re-examine errors occurring at the trial or other proceedings prior to the imposition of sentence.").

11
People v. Wenzingergreen
coloctapp · 2006 · cited in 1 Colorado opinions naming this issue, 2009–2009
1 sentence

2009See Wenzinger, 155 P.3d at 418; see also Hill v. United States, 368 U.S. 424, 430 , 82 S.Ct. 468 , 7 L.Ed.2d 417 (1962) ("[Tlhe narrow function of Rule 35 is to permit correction at any time of an illegal sentence, not to re-examine errors occurring at the trial or other proceedings prior to the imposition of sentence.").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Forma Scientific, Inc. v. BioSera, Inc. green
colo · 1998
2 sentences

2006P. 35(c) allows motions for postconviction relief based upon allegations a sentence was imposed in violation of the federal or state constitution); cf. Forma Scientific, Inc. v. BioSera, Inc., 960 P.2d 108 (Colo.1998)(recognizing cases interpreting Fed.R.Evid. 407 were superseded by amendments to the rule).

2006P. 35(c) allows motions for post-conviction relief based upon allegations a sentence was imposed in violation of the federal or state constitution); cf. Forma Scientific, Inc. v. BioSera, Inc., 960 P.2d 108 (Colo.1998)(recognizing cases interpreting Fed.R.Evid. 407 were superseded by amendments to the rule).

32006–2006
People v. Turman green
colo · 1983
1 sentence

1986Crim.P. 35(c)(2)(I) and 35(c)(2)(IV) and Crim.P. 35(c)(3); People v. Turman, 659 P.2d 1368 (Colo.1983).

11986–1986

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 16-5-402 (4) CO § Colo. Rev. Stat. § 16-11.7-104 (3) CO § Colo. Rev. Stat. § 18-1.3-1001 (3) CO § Colo. Rev. Stat. § 18-3-405 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WI 13 (1972–2003) FL 11 (1965–2012) PA 10 (1985–2021) IL 7 (1999–2014) NM 7 (1967–2025) KS 6 (1975–2022) CO 6 (1986–2024) MT 6 (1994–2012) AR 6 (1972–2020) DC 5 (1974–1999) ND 4 (2016–2025) MS 4 (2010–2025) CA 2 (1986–2013) VT 2 (1969–2013) MD 2 (1974–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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