What happens if an appeal is granted?

If an appeal is granted in Colorado, the court of appeals will consider the evidence and evidence presented in the original trial and review the legal issues presented in the appeal. This review may result in a new trial being granted or the appellate court may modify the conviction or sentence initially imposed. If a new trial is granted, the case is sent back to the original court and another trial will occur. This trial will occur at the same court in which the original trial happened and in front of the same judge and jury. If a conviction or sentence is modified, the appellate court may set aside the conviction or sentence and either enter a different conviction or sentence or direct the lower court to enter a new conviction or sentence. The sentencing court may also be directed to conduct a new sentencing hearing in which the court must reconsider the sentence. The appeals process in Colorado is designed to provide people who have been convicted of a crime with an opportunity to have their cases reviewed and have further action taken if necessary. The appeals process allows for the review of both legal and factual issues originally presented in the trial. It also allows for a conviction or sentence to be modified or for a whole new trial to be granted.

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What happens if an appeal is granted?

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