The governor shall have power to grant reprieves, commutations and pardons after conviction, for all offenses except treason, and except in case of impeachment, subject to such regulations as may be prescribed by law relative to the manner of applying for pardons, but he shall in every case where he may exercise this power, send to the general assembly at its first session thereafter, a transcript of the petition, all proceedings, and the reasons for his action.
Entire article added, effective August 1, 1876, see L. 1877, p. 34.
ANNOTATION Am. Jur.2d. See 59 Am. Jur.2d, Pardon and Parole, §§ 1-4, 17, 18, 23-26. C.J.S. See 16 C.J.S., Constitutional Law, §§ 255, 368-370. Law reviews. For comment on People v. Herrera appearing below, see 46 U. Colo. L. Rev. 311 (1974). Due process. Nothing in the Colorado Constitution or statutes grants any inmate a due process right to any kind of clemency proceeding. Schwartz v. Owens, 134 P.3d 455 (Colo. App. 2005). Power of commutation is power to reduce punishment from a greater to a lesser sentence. People v. Herrera, 183 Colo. 155, 516 P.2d 626 (1973). Governor may pardon public offense but he cannot deprive suitor of his remedy. Ex parte Browne, 2 Colo. 553 (1875). Where governor has commuted defendant's sentence, supreme court lacks jurisdiction to reduce, or in any way alter or amend the sentence as commuted. People v. Simms, 186 Colo. 447, 528 P.2d 228 (1974). Trial court may take "second look" at sentence before conviction final. A trial court retains jurisdiction to take a "second look" at a sentence previously imposed only before the judgment of conviction underlying such sentence has become final. People v. Lyons, 44 Colo. App. 126, 618 P.2d 673 (1980). But executive has sole authority to modify sentence after final conviction. The executive branch of government, not the judiciary, has the sole authority to modify a legally imposed criminal sentence after the conviction upon which it is based has become final. People v. Lyons, 44 Colo. App. 126, 618 P.2d 673 (1980). And district court cannot alter or amend commuted sentence imposed by governor, because the governor has exclusive power to grant reprieves, commutations and pardons after conviction. People ex rel. Dunbar v. District Court, 180 Colo. 107, 502 P.2d 420 (1972); Johnson v. Perko, 692 P.2d 1140, (Colo. App. 1984).