Petition For Postconviction Relief Pursuant To Crim Page 3
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4GROUNDS 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.)
b.
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.
(2)
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.
(3)
That the court rendering judgment was without jurisdiction over the person of the applicant
or the subject matter.
(4)
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.
(5)
Any other ground otherwise properly the basis for collateral attack upon a criminal
judgment.
(6)
That the sentence imposed has been fully served or that there has been unlawful
revocation of parole, probation, or conditional release.
For any box checked, YOU MUST attach a separate sheet of paper with the ground listed at the top of the
page and number it accordingly, 8(a), 8(b)(1), 8(b)(2), 8(b)(3), 8(b)(4), 8(b)(5), 8(b)(6), and/or 8(b)(7). On
each separate sheet of paper list each and every fact you feel supports that claim. Be specific and give
details.
9. Colorado Revised Statutes §16-5-402(1) provides that a person who has been convicted under a criminal
statute in Colorado or another state may collaterally attack the validity of that conviction only if such attack is
brought within a specified time period or completion of the direct appeal process for that conviction, unless
one of the exceptions listed in §16-5-402(2), C.R.S. are applicable. The specified time periods are as follows:
All class 1 felonies: No limit
All other felonies:
Three years
Misdemeanors:
Eighteen months
Petty offenses:
Six months
a. Was this petition filed within the time limits set forth in §16-5-402(1), 6 C.R.S. (above)?
YES
NO
FORM 4 7/04
PETITION FOR POSTCONVICTION RELIEF PURSUANT TO CRIM. P. 35(c)
Page 3 of 4
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