(1) After entry of an order pursuant to section 16-4-109 or 16-4-201, the defendant or the state may seek review of said order by filing a petition for review in the appellate court. If an order has been entered pursuant to section 16-4-104, 16-4-109, or 16-4-201, the petition shall be the exclusive method of appellate review.
The petition shall be in writing, shall be served as provided by court rule for serviceof motions, and shall have appended thereto a transcript of the hearing held pursuant to section 16-4-109 or 16-4-203. The opposing party may file a response thereto within seven days or as provided by court rule.
After review, the appellate court may:
Remand the petition for further hearing if it determines that the record does not disclose the findings upon which the court entered the order; or
Order the trial court to modify the terms and conditions of bail or appeal bond; or
Order the trial court to modify the terms and conditions of bail or appeal bond andremand for further hearing on additional conditions of bail or appeal bond; or (d) Dismiss the petition.
(4) Nothing contained in this section shall be construed to deny any party the rights secured by section 21 of article II of the Colorado constitution.
Source: L. 72: R&RE, p. 211, § 1. C.R.S. 1963: § 39-4-204. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 848, § 69, effective July 1. L. 2016: (1) and (2) amended, (SB 16-189), ch. 210, p. 759, § 26, effective June 6.