Motion to Reconsider Sentence - Alabama

Motion to Reconsider Sentence

Before you use this: Select the ground that fits the existing sentence. Rule 26.12(c) concerns consecutive sentences that may be made concurrent. Ala. Code § 15-18-8(c) concerns the unserved minimum confinement in an existing eligible split sentence. A claim that the sentence is unauthorized by law uses the separate Rule 32 petition procedure.

Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________] | Judge: [________________________________]

Motion

Defendant, [DEFENDANT NAME], through [ATTORNEY NAME], asks the Court to reconsider the specified part of the sentence entered on [__/__/____] under the selected authority below. Defendant seeks only the relief stated in this motion and attached proposed order.

Sentence and procedural facts

1. Offense(s) and count(s): [________________________________]
2. Judgment and sentencing date: [__/__/____]
3. Current sentence, including each term and whether it runs consecutively or concurrently: [________________________________]
4. Court's prior sentencing or split-sentence order (attach or identify record location): [________________________________]
5. Direct appeal or other pending proceeding, if any: [________________________________]
6. Supporting record, declarations, and exhibits: [________________________________]

Ground A: consecutive sentences to run concurrently

☐ Defendant requests relief under Ala. R. Crim. P. 26.12(c). The judgment currently makes the following previously imposed terms consecutive: [IDENTIFY EACH SENTENCE, CASE, AND DATE: ________________________________]. Defendant asks the Court to make those terms concurrent by nunc pro tunc order. The requested concurrent arrangement is [IDENTIFY TERMS: ________________________________]. The facts supporting that discretionary change are [________________________________].

Ground B: remaining minimum term of an existing split sentence

☐ Defendant requests relief under Ala. Code § 15-18-8(c). The existing order imposed a split sentence under § 15-18-8(a)(1) or (a)(2): [IDENTIFY SUBDIVISION, OFFENSE, SENTENCE, AND ORDER: ________________________________]. The ordered minimum confinement is [________________________________]; [________________________________] has been served and [________________________________] remains. Defendant asks the Court to suspend the unserved portion and place Defendant on probation under these proposed conditions: [________________________________]. The reasons and supporting evidence are [________________________________].

The offense is not excluded by § 15-18-8(a), and the existing split-sentence order remains operative because [________________________________].

Defendant confirms that the requested relief does not alter the nonsuspendable minimum period ordered under § 15-18-8(a)(3): [EXPLAIN OR MARK NOT APPLICABLE: ________________________________].

Argument

For Ground A, Rule 26.12(c) permits the sentencing court at any time, by nunc pro tunc order, to provide that previously imposed consecutive sentences run concurrently. The identified sentences and facts support the particular concurrent arrangement requested above.

For Ground B, § 15-18-8(c) retains the court's authority to suspend the unserved portion of a minimum confinement period ordered under an applicable split sentence and to place the defendant on probation. Section 15-18-8(a)(3) bars suspension or alteration of that subdivision's minimum period. The prior order and remaining term identified above place this request within § 15-18-8(c), for the following additional reasons: [________________________________].

Defendant requests an opportunity to be heard if the Court requires further evidence or argument.

Requested Relief

Defendant respectfully asks the Court to:

☐ Enter a nunc pro tunc order under Rule 26.12(c) making the identified sentences concurrent as specified above; or

☐ Suspend the identified unserved minimum term under § 15-18-8(c), place Defendant on probation under conditions set by the Court, and enter an order stating the changed terms; and

Grant such further relief within the selected authority as the Court finds proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________

[ATTORNEY NAME], Alabama State Bar No. [________________]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Defendant

Certificate of Service

I certify that on [__/__/____], I served a copy of this motion on [NAME AND OFFICE OF STATE COUNSEL: ________________________________] by [METHOD: ________________________________] at [SERVICE ADDRESS OR DESTINATION: ________________________________].

________________________________________

[ATTORNEY NAME]

Proposed Order

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________]

The Court has considered Defendant's Motion to Reconsider Sentence, the record, and any response or hearing. It is ORDERED that:

☐ The motion is granted under Ala. R. Crim. P. 26.12(c). The sentences identified as [________________________________] shall run concurrently by nunc pro tunc order as follows: [________________________________].

☐ The motion is granted under Ala. Code § 15-18-8(c). The unserved portion of the minimum confinement term identified as [________________________________] is suspended, and Defendant is placed on probation under these conditions: [________________________________].

☐ The motion is denied.

☐ Further proceedings are set for [__/__/____] at [____].

Ordered on [__/__/____].

________________________________________

Circuit Judge

Alabama Procedure Notes

• Rule 26.12(c) expressly permits a consecutive-to-concurrent change at any time by nunc pro tunc order. It does not itself authorize a general reduction in the term of imprisonment.
• Section 15-18-8(c) concerns the remainder of a minimum confinement term in a prior split sentence. Its authority must be read with the original order and § 15-18-8(a)(3)'s bar on altering that subdivision's minimum period. Act 2025-381 amended § 15-18-8 effective October 1, 2025; check the law applicable to the original sentence.
• Rule 24.1 is a motion for a new trial, due no later than 30 days after sentence is pronounced. Rule 32.1(c) provides a separate post-conviction ground for a sentence that exceeds the maximum authorized by law or is otherwise unauthorized. Rule 32.6(a) requires a Rule 32 petition to use or follow the rule's accompanying form. Those are distinct filings from this motion.
• Screen the original sentence against applicable felony or misdemeanor ranges in §§ 13A-5-6 and 13A-5-7 and any habitual-felony-offender enhancement under § 13A-5-9. Rule 34.1 requires a written motion identifying the grounds and relief with particularity and service on the other parties.

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed Alabama attorney before filing.