Can I appeal a sentence that is within the statutory range?

Yes, you can appeal a sentence that is within the statutory range in Colorado. Statutory range is defined by Colorado’s sentencing laws, and when a court issues a sentence within that range, it cannot be appealed. However, in Colorado, you are able to appeal any sentence that is outside the statutory range. This includes a sentence that is longer or shorter than the range prescribed by the state’s sentencing laws. When appealing a sentence within the statutory range, the appellate court is more likely to review the trial court’s decision for abuse of discretion than for errors of law. Abuse of discretion is when the trial court exceeded the bounds of its authority. The appellate court will look at whether the trial court considered the proper factors when imposing a sentence and whether the trial court acted within the bounds of its discretion. The appellate court will also consider whether the sentence is appropriate under the circumstances of the case and whether an unjust or disproportionate sentence has been imposed. If the appellate court finds that the sentence is inappropriate, it can reverse the sentence and remand the case back to the trial court for further proceedings. It is important to note that the appellate court is constrained by the limitations of the statutory range and cannot increase or decrease the sentence imposed by the trial court. Therefore, if the appellate court finds that the sentence is within the bounds of the statutory range, they are likely to affirm the sentence as imposed.

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