By Tillman Clark, Colorado criminal appeals and postconviction attorney. Last reviewed October 2026.
Usually not by appeal, but often by other means. The notice of appeal is due 49 days after sentencing, and that deadline is strict; a court can extend it by up to 35 days only for excusable neglect. After that, a conviction can still be challenged by a Rule 35(c) motion within three years for most felonies, with no limit for class 1 felonies. And an illegal sentence can be corrected at any time.
Every clock in one place
Felony notice of appeal: 49 days after sentencing (C.A.R. 4(b))
Extension for excusable neglect: up to 35 more days, if the court agrees (C.A.R. 4(b))
County court (most misdemeanors and DUI) appeal: 35 days (Crim. P. 37)
Request to reduce the sentence: 126 days after sentencing, or after the appeal ends (Crim. P. 35(b))
Rule 35(c), class 1 felony: no limit (C.R.S. § 16-5-402)
Rule 35(c), other felonies: 3 years (C.R.S. § 16-5-402)
Rule 35(c), misdemeanors: 18 months (C.R.S. § 16-5-402)
Sentence not authorized by law: any time (Crim. P. 35(a))
The 35-day county court deadline is the number some websites wrongly give for felonies. For a felony, it's 49.
The 49 days have passed. Is there any extension?
Only one. The court can extend the deadline by up to 35 days for excusable neglect, and you have to ask. It's discretionary and hard to get. If your loved one is in prison and filed the notice himself, it counts as filed on the day he put it in the prison's legal mail system.
A motion to reduce the sentence does not extend the appeal deadline. Only a timely motion for a new trial, for judgment of acquittal, or in arrest of judgment does.
Our lawyer missed it. What now?
Move fast. If you're still inside the 35-day extension window, ask for the extension right away. If the window has closed, the direct appeal is usually gone, but the conviction isn't beyond challenge. A lawyer's failure to file a requested appeal can itself be raised in a Rule 35(c) motion. Signs of ineffective assistance of counsel.
What is still possible years later?
A Rule 35(c) motion can challenge the conviction on constitutional grounds, most often that the trial lawyer was ineffective, or that evidence the jury never heard would have changed the result. It's filed in the trial court, and the judge can hold a hearing.
The clock starts when the appeal ends. If there was no appeal, it starts at sentencing. It's three years for most felonies and 18 months for misdemeanors. For a class 1 felony, there's no deadline at all.
An illegal sentence, meaning one the law doesn't authorize, can be corrected at any time under Rule 35(a). Fixing the sentence doesn't reopen the conviction. These claims can matter years later: an illegal-sentence claim raised years after sentencing reached the Colorado Supreme Court in 2025. Rule 35(a) illegal sentence motions.
What are the exceptions to the three years?
Colorado allows a late Rule 35(c) motion only in narrow situations: the court had no jurisdiction over the case or the person, the delay was caused by a finding of incompetence or a mental-health commitment, or the late filing was the result of justifiable excuse or excusable neglect. A late motion has to lay out the facts that support one of these.
What is not possible anymore?
Once the 49 days and any extension have passed, the direct appeal is generally gone. A request to reduce the sentence has to be filed within 126 days. And you generally get one Rule 35(c) motion: claims that were raised before, or could have been, are usually denied.
Even past the deadlines, I look for a way back in, such as a legal excuse for the late filing or an illegal-sentence motion, which has no deadline. It's rare that I find nothing worth raising.
Why can't the 35(c) wait?
The mistake I see most is families hearing "the appeal comes first" and assuming the 35(c) can wait. Then the appeal ends, a year slips by, and witnesses are gone or can't remember. The other mistake is skipping the appeal and not realizing the three-year clock started on sentencing day.
How I handle these cases
I'm a solo Colorado lawyer, and appeals and postconviction cases are all I do. I spent seven years as a trial lawyer before that. I personally handle every case: I read every page of the record and write every brief myself. In the first conversation, I'll tell you the weaknesses in the case, not just the strengths.
Common questions
Can you file an appeal after 30 days in Colorado?
Yes. A felony notice of appeal is due 49 days after sentencing, not 30. County court appeals, which cover most misdemeanors and DUIs, are due in 35 days.
Can you appeal a conviction after 10 years?
Not by direct appeal. But for a class 1 felony, a Rule 35(c) motion has no time limit, and an illegal sentence can be corrected at any time. For other felonies, a late 35(c) is possible only under narrow exceptions.
Is there a statute of limitations on a 35(c) motion in Colorado?
Yes: three years for most felonies, 18 months for misdemeanors, and none for class 1 felonies, under C.R.S. § 16-5-402.
Learn more: direct appeals, Rule 35(c) proceedings, and ineffective assistance of counsel.
Talk with Tillman
Consultations are free, and you will speak with me, not with staff. Call 720-507-5814 or send me a message.
This page is general information about Colorado criminal procedure and is not legal advice about any particular case. Rules, statutes and deadlines change; confirm current requirements with a lawyer about your specific situation. Attorney advertising. Prior results do not guarantee a similar outcome.
