b.
If not, check any applicable exceptions listed in §16-5-402(2), 6 C.R.S., and state the FACTS that
relate to the exception. DO NOT MAKE LEGAL ARGUMENTS.
(1)
The court entering judgment of conviction did not have jurisdiction over the subject matter
of the alleged offense;
(2)
The court entering judgment of conviction did not have jurisdiction over the person of the
Defendant;
(3)
The failure to seek relief within the applicable time period was caused by an adjudication of
incompetence or by commitment of the Defendant to an institution for treatment as a
mentally ill person; or
(4)
The failure to seek relief within the applicable time period was the result of circumstances
amounting to justifiable excuse or excusable neglect.
For every ground you checked as grounds for this petition not being filed within the statutory time limits,
YOU MUST attach a separate sheet of paper with that ground listed at the top of the page and numbered
accordingly 9(b)(1), 9(b)(2), 9(b)(3), and/or 9(b)(4). On this separate sheet of paper list each and every fact
you feel supports this claim. Be specific and give details.
SUCCESSIVE PETITIONS
Important Notice Regarding Additional Petitions:
With specific exceptions provided for in Criminal Procedure Rule 35(c)(3)(VII), the court shall deny any
claim that could have been presented in an appeal or postconviction proceeding previously brought.
Therefore, all claims related to the conviction under attack in this petition must be listed in this petition, or future
motions may be denied.
Wherefore, petitioner prays that the Court grant relief to which petitioner may be entitled in this proceeding.
______________________________________________
______________________________ (date)
PETITIONER'S ORIGINAL SIGNATURE
______________________________________________
PETITIONER'S PRINTED NAME
______________________________________________
ADDRESS
______________________________________________
CITY, STATE, ZIP CODE
______________________________________________
PHONE NUMBER
FORM 4 7/04
PETITION FOR POSTCONVICTION RELIEF PURSUANT TO CRIM. P. 35(c)
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