Motion to Reconsider Sentence - Alaska

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 CORRECT OR TO MODIFY / REDUCE SENTENCE UNDER ALASKA CRIMINAL RULE 35

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully moves this Court to ☐ correct an illegal sentence under Alaska Criminal Rule 35(a) ☐ modify or reduce a sentence under Rule 35(b). 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: [__/__/____]

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

Rule 35(b) Deadline: [__/__/____]

AS 12.55.088(a) Deadline: [__/__/____]

Earlier Calculated Filing Date: [__/__/____]

This motion is timely filed because: [________________________________]

Mitigating Factors

Defendant identifies any applicable statutory mitigating factor under AS 12.55.155(d) separately from other information relevant to sentencing purposes under AS 12.55.005:

☐ The offense was principally accomplished by another person, and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim (AS 12.55.155(d)(1))

☐ Other AS 12.55.155(d) factor, with subsection and supporting facts: [________________________________]

Other sentencing information (not claimed as an AS 12.55.155(d) factor merely by being checked):

☐ 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)-(b) — Separates correction of an illegal sentence at any time from modification or reduction within 180 days after distribution of the written judgment and imposes additional limits in Rule 35(b).

2. AS 12.55.005 — Lists purposes and factors the court considers when imposing sentence.

3. AS 12.55.155 — Supplies statutory aggravating and mitigating factors for specified presumptive-sentencing cases; applicability and proof must be shown.

4. AS 12.55.088 — Addresses modification or reduction of sentence, including a motion deadline measured from original sentencing and limits on reduction.

5. 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 Correct or to Modify / Reduce Sentence under Alaska Criminal Rule 35, 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 service, if authorized in this case
☐ Facsimile

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

State-Specific Notes

Distinction from Direct Appeal:
A Rule 35 motion addresses the sentence under the selected correction or reduction route. Identify any separate appellate remedy and deadline before filing.

Single Motion Limitation:
Under Alaska Criminal Rule 35(b)(2), the court may not entertain a second or successive motion for similar modification or reduction relief on behalf of the same defendant. Defendants must present all arguments for that relief 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.

Mandatory and presumptive limits:
Rule 35(b)(3) bars a term below the minimum required by law. AS 12.55.088(c) also bars a term below the minimum sentence or the presumptive range required by law for the original sentence. Identify the applicable original-sentence limits before proposing relief.

Deadline calculation:
Rule 35(b)(1) and AS 12.55.088(a) state different starting events for their 180-day periods. Calendar both and file by the earlier calculated date unless controlling authority establishes a different result.