Motion to Reconsider Sentence

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Sentence Reconsideration
5. Filing Deadline
6. Mitigating Factors
7. Rehabilitation Evidence
8. Proposed Modified Sentence
9. Legal Authority
10. Proposed Order
11. Certificate of Service
12. State-Specific Notes

Caption

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

Motion Header

MOTION TO REDUCE OR CORRECT SENTENCE PURSUANT TO ALASKA CRIMINAL RULE 35(a)

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully moves this Court to reduce or correct the sentence imposed in the above-captioned matter pursuant to Alaska Criminal Rule 35(a). In support thereof, Defendant states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. Alaska DOC Number: [________________________________]

3. Date of Original Sentencing: [__/__/____]

4. Date Written Judgment Distributed: [__/__/____]

5. Sentencing Judge: Hon. [________________________________]

6. Offense(s) of Conviction:

7. Sentence Imposed: [________________________________]

8. Presumptive Sentencing Range (if applicable): [________________________________]

9. Consecutive or Concurrent: [________________________________]

10. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ No Contest

11. Plea Agreement: ☐ Yes — Terms: [________________________________] ☐ No

12. Direct Appeal Filed: ☐ Yes — Case No.: [________________________________] ☐ No

Grounds for Sentence Reconsideration

Defendant respectfully requests reduction or correction of the sentence on the following grounds:

☐ A. Illegal Sentence (Correction)
The sentence imposed is illegal because: [________________________________]

☐ B. New Information Unavailable at Sentencing
Since sentencing, new information has become available that the Court should consider, including: [________________________________]

☐ C. Changed Circumstances
Defendant's circumstances have materially changed since sentencing: [________________________________]

☐ D. Demonstrated Rehabilitation
Defendant has demonstrated substantial rehabilitation since sentencing: [________________________________]

☐ E. Disproportionate Sentence
The sentence is disproportionate to sentences imposed on similarly situated defendants in Alaska. Specifically: [________________________________]

☐ F. Sentencing Error or Reliance on Incorrect Information
The Court relied upon materially inaccurate information at sentencing: [________________________________]

☐ G. Cooperation with Law Enforcement
Defendant has provided substantial cooperation to law enforcement: [________________________________]

Filing Deadline

Date Written Judgment Distributed: [__/__/____]

Deadline for Reduction Motion: [__/__/____]

This motion is timely filed because: [________________________________]

Mitigating Factors

Defendant respectfully asks the Court to consider the following mitigating factors under AS 12.55.155:

☐ The offense was principally accomplished by another person, and the defendant manifested extreme caution or sincere concern for the safety of others

☐ The defendant, although prior to the offense, had established a prior good reputation in the community

☐ The defendant's age at the time of the offense: [________________________________]

☐ The defendant's limited or no prior criminal history: [________________________________]

☐ The defendant's mental health history or diagnosis: [________________________________]

☐ The defendant's substance abuse history and treatment: [________________________________]

☐ The defendant's family responsibilities and dependents: [________________________________]

☐ The defendant's employment history and potential: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant presents the following evidence of rehabilitation:

☐ Educational programs completed: [________________________________]

☐ Vocational training completed: [________________________________]

☐ Substance abuse treatment programs: [________________________________]

☐ Disciplinary record while incarcerated: [________________________________]

☐ Cultural or community involvement: [________________________________]

☐ Letters of support from: [________________________________]

☐ Reentry plan upon release: [________________________________]

☐ Other rehabilitative accomplishments: [________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court modify the sentence as follows:

Justification for proposed modification: [________________________________]

Legal Authority

1. Alaska R. Crim. P. 35(a) — Provides that the court may correct an illegal sentence at any time and may reduce a sentence within 60 days of distribution of the written judgment.

2. AS 12.55.005 — Establishes the authority of the court to impose sentences in criminal cases.

3. AS 12.55.155 — Enumerates aggravating and mitigating factors the court must consider in sentencing.

4. AS 12.55.088 — Authorizes sentence adjustment in extraordinary circumstances.

5. Jones v. State, 548 P.2d 958 (Alaska 1976) — Addressed the scope and limits of the sentencing court's authority to reconsider sentences.

6. State v. Tinsley, 920 P.2d 770 (Alaska App. 1996) — Confirmed the 60-day time limitation and jurisdictional nature of Rule 35(a) deadlines.

7. Additional Authority: [________________________________]

Proposed Order

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

ORDER ON MOTION TO REDUCE / CORRECT SENTENCE

This matter having come before the Court on Defendant's Motion to Reduce or Correct Sentence pursuant to Alaska Criminal Rule 35(a), and the Court having considered the motion, the record, and the arguments of counsel:

IT IS HEREBY ORDERED that:

☐ The Defendant's Motion is GRANTED. The sentence previously imposed on [__/__/____] is hereby modified as follows: [________________________________]

☐ The Defendant's Motion is GRANTED IN PART. The sentence is modified as follows: [________________________________]

☐ The Defendant's Motion is DENIED.

☐ A hearing on this matter is set for [__/__/____] at [____] a.m./p.m.

DONE AND ORDERED this [____] day of [________________], [________].

_________________________________________
Hon. [________________________________]
Superior Court Judge

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion to Reduce or Correct Sentence was served upon:

Office of the District Attorney
[________________________________]
[________________________________]
[________________________________]

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing (Alaska Court System TF)
☐ Facsimile

_________________________________________
[________________________________]
Attorney for Defendant
Alaska Bar No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Distinction from Direct Appeal:
A Rule 35(a) motion is not a substitute for a direct appeal. The motion addresses the legality or appropriateness of the sentence itself, not errors in the trial proceedings. Appellate review of sentencing is available through the Alaska Court of Appeals.

Single Motion Limitation:
Under Alaska Criminal Rule 35(a), the court may not entertain a second or successive motion for reduction of sentence on behalf of the same defendant. Defendants must present all arguments for reduction in a single motion.

Plea Agreement Restriction:
The court may not reduce a sentence imposed in accordance with a plea agreement that provided for imposition of a specific sentence or a sentence equal to or less than a specified maximum.

Presumptive Sentencing:
Alaska uses presumptive sentencing ranges under AS 12.55.125. The court may not reduce a sentence below the applicable presumptive range absent extraordinary circumstances under AS 12.55.165.

Retroactive Sentencing Changes:
If the legislature amends sentencing provisions, the applicability of those changes to previously sentenced defendants depends on legislative intent and whether the amendment was intended to be retroactive.