This is a sample of Tom Carberry’s appellate wins.  This list does not include any unpublished wins from the years when Tom Carberry worked for the appellate division of the Colorado State Public Defender.

People v. Ambrose, 907 P.2d 613 (Colo. App. 1994) (theft conviction reversed)

Harris v. People, 888 P.2d 259 (Colo. 1995) (first-degree assault conviction reversed)

People v. Lyons, 907 P.2d 708 (Colo. App. 1995) (sexual assault on a child conviction reversed)

People v. Taylor, 41 P.3d 681 (Colo. 2002) (Supreme Court affirmed trial court’s ruling suppressing evidence).

People v. Rutter, 99CA2217 (Colo. App. April 18, 2002) (unpublished) (conviction for distribution of cocaine reversed and remanded for new trial.  On remand, Mr. Rutter, represented by Tom Carberry, received a plea bargain of a 1 day deferred judgment.  This means that after 1 day, the conviction would no longer exist).

People v. Gollihugh, 02CA2294 and 02CA2304 (Colo. App. April 22, 2004)  (unpublished) The Court of Appeals reversed the sentence and remanded the case for a new sentencing hearing.  At the new sentencing hearing, Mr. Gollihugh’s sentence was cut in half.

People v. Sheel, 03CA1663 (Colo. App. June 16, 2005) (unpublished).  The Court of Appeals reversed Mr. Sheel’s conviction and his habitual offender sentence.   The Court of Appeals reversed Mr. Sheel’s conviction and sentence, and remanded for entry of a Judgment of Acquittal) (this means that his case was erased completely).  In other words, Mr. Sheel went from having a very long prison sentence, to being a free man.

People v. Paiva, 02CA2468 (Colo. App. October 13, 2005) (unpublished) (habitual offender sentence reversed and remanded for further proceedings; on remand 48 year and 12 year convictions vacated, probation granted)

People v. Davis, 04CA0124 (Colo. App. December 1, 2005) (unpublished) (sexual assault conviction reversed and remanded for new trial, found not guilty in retrial)

People v. Rodarte, 04CA502 (Colo. App. February 2, 2006) (unpublished) (sentence reversed and remanded for new sentencing hearing where defendant had his sentence reduced by 6 years and we appealed again on a new direct appeal raising Blakely and Apprendi)

People v. Sharp, 155 P.3d 577 (Colo. App. 2006) (sexual assault on a child convictions reversed and remanded for new trial).

People v. Serrano, 03CA0704, (Colo. App. November 29, 2007) (unpublished) (order reversed, justifiable excuse found, and case remanded for 35(c) hearing)

People v. Selman, 04CA2520, (July 17, 2008) (unpublished) (murder conviction reversed and remanded for new trial)

People v. Strassheim, 08CA320 (February 26, 2009) (unpublished) (class 3 felony drug conviction reversed and remanded for new trial)

People v. Delacruz, 07CA1646 (March 19, 2009) (unpublished) (first degree murder reversed and remanded for a new trial)

People v. Rubio, 222 P.3d 355 (Colo. App. 2009) (three convictions for attempted extreme indifference murder reversed)

People v. Robb, 215 P.3d 1253 (Colo. App. 2009) (computer crime conviction reversed; cross-appeal by prosecution on restitution denied)

People v. Curren, 228 P.3d 253 (Colo. App. November 25, 2009) (Order vacating two first-degree murder convictions affirmed – see below in 35(c) wins – and case remanded with directions)

People v. Montoya, 251 P.3d 35 (Colo. App. 2010)  (Conviction for sexual assault on a child, case remanded to the district court for a hearing on the voluntariness of the waiver of a jury trial) (on remand the trial court vacated the conviction)

People v. Wiegand, 07CA362, (Colo. App. June 10, 2010) (unpublished) (Convictions for sexual assault on a child, enticement of a child, unlawful sexual contact, and exploitation of children reversed and case remanded for a new trial)

People v. Rouse, 07CA2380, (Colo. App. August 26, 2010) (unpublished) (Convictions for arson and habitual offender and 144 years sentence reversed and case remanded for a new trial)