Last reviewed: August 11, 2026 by William Bacharach · Colorado Bar #59714
Appellate work is a different craft from trial work — but the best appellate lawyers understand both, because appeals are won and lost on the record built in the trial court. William Bacharach is a former deputy state public defender with more than twenty cases tried to verdict, and he handles Colorado criminal appeals, post-conviction proceedings, and sentence-computation litigation with a trial lawyer's understanding of where the record holds error.
Before the Colorado Supreme Court
On August 3, 2026, the Colorado Supreme Court granted certiorari — en banc, on both questions presented — in Lewis v. Stancil, No. 26SC178, in which William Bacharach is counsel of record for the petitioner. The case concerns whether the Department of Corrections must honor a nunc pro tunc sentence in its “one continuous sentence” calculation under § 17-22.5-101, C.R.S., and apply previously earned time credits when computing parole eligibility. The Court grants review in only a small fraction of the petitions it receives; in the same announcement, more than thirty-five petitions were denied and two were granted. A grant of certiorari is not a decision on the merits. Read the announcement →
Direct Appeals
A direct appeal challenges legal errors in your conviction or sentence — erroneously admitted evidence, incorrect jury instructions, denied suppression motions, insufficient evidence, sentencing errors. District court convictions are appealed to the Colorado Court of Appeals; the notice of appeal must generally be filed within 49 days of the final judgment, and the deadline is unforgiving. County court convictions (most misdemeanors and traffic offenses, including DUI) are appealed to the district court under Crim. P. 37, with a 35-day notice deadline. If you were just convicted, the appellate clock is already running — call before the deadline decides for you.
Sentence Challenges Under Crim. P. 35(a) and 35(b)
Two distinct tools apply directly to the sentence. Under Rule 35(a), a sentence not authorized by law — an illegal sentence — can be corrected at any time, no matter how old the case. Under Rule 35(b), the court may reconsider and reduce a lawful sentence, but only if the motion is filed within 126 days of sentencing (or of the appellate mandate). A well-supported 35(b) motion — treatment progress, employment, family circumstances, institutional record — is often the most practical post-sentencing remedy available.
Post-Conviction Relief Under Crim. P. 35(c)
Rule 35(c) is Colorado's vehicle for challenges that reach outside the trial record: constitutional violations, ineffective assistance of counsel, newly discovered evidence, an unconstitutional statute, or lack of jurisdiction. Ineffective-assistance claims are expressly preserved even if not raised on direct appeal. Time limits are governed by § 16-5-402, C.R.S., and successive or previously available claims face procedural bars — which is why the first 35(c) petition needs to be the right one.
Sentence Computation, Earned Time & Parole Eligibility
Some of the most consequential post-conviction disputes are not about guilt at all — they are about arithmetic. How the Department of Corrections aggregates multiple sentences into “one continuous sentence,” how earned time credits are applied, and how a parole eligibility date is computed can shift a person's release timeline by months or years. These disputes are litigated against the DOC, and they require fluency in a statutory scheme most practitioners never touch. This is the territory of Lewis v. Stancil — and it is a core part of this practice.
Petitions for Certiorari
When the court of appeals gets it wrong, the remaining path is a petition for writ of certiorari to the Colorado Supreme Court. Review is discretionary and rarely granted — a successful petition must convince the justices that the question matters to Colorado law beyond a single case. It is brief-writing at its most selective, and it is work this firm has done successfully.
Why a Trial Lawyer for Your Appeal
Appellate judges review a cold record. A lawyer who has built trial records — who knows how objections are made, preserved, and waived in a live courtroom — reads that record differently than a lawyer who has only ever seen transcripts. Preservation is the currency of appeal, and former public defenders spend their careers learning exactly how it is earned.
Frequently Asked Questions — Colorado Criminal Appeals
How long do I have to appeal a criminal conviction in Colorado?
Generally 49 days from final judgment for district court convictions appealed to the Colorado Court of Appeals, and 35 days for county court convictions appealed to the district court. Miss the deadline and the appeal is almost always lost — contact appellate counsel immediately after sentencing.
What is the difference between a direct appeal and Rule 35(c) post-conviction relief?
A direct appeal challenges legal errors visible in the existing trial record. Rule 35(c) reaches claims outside that record — most commonly ineffective assistance of counsel, plus newly discovered evidence and other constitutional claims. They are sequential tools, and using them in the right order, with the right claims, matters because of procedural bars on successive petitions.
Can an illegal sentence be corrected after the deadline?
Yes. Under Crim. P. 35(a), a sentence not authorized by law can be corrected at any time — there is no deadline. A sentence imposed in an illegal manner, by contrast, must be challenged within the 126-day window.
Can you challenge how the DOC calculated my parole eligibility date?
Yes. Sentence-computation decisions — the one-continuous-sentence calculation, application of earned time credits, and the resulting parole eligibility date — can be litigated. William Bacharach is currently counsel of record in a Colorado Supreme Court case, Lewis v. Stancil, No. 26SC178, presenting exactly these questions.
Conviction or Sentence Worth Fighting?
Appellate deadlines run from the day of judgment. Call for a free consultation on your appeal, Rule 35 motion, or sentence-computation dispute.