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 CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Motion Header

MOTION FOR RECONSIDERATION OF SENTENCE PURSUANT TO ALA. R. CRIM. P. 32 AND ALA. R. CRIM. P. 26.9

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully moves this Honorable Court to reconsider the sentence imposed in the above-captioned matter. In support thereof, Defendant states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. Alabama Inmate Number (AIS): [________________________________]

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

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Sentence Imposed: [________________________________]

7. Consecutive or Concurrent: [________________________________]

8. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ Nolo Contendere

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

Grounds for Sentence Reconsideration

Defendant respectfully requests reconsideration of the sentence imposed on the following grounds:

☐ A. Sentence Was Unauthorized by Law (Rule 32.1(a)(2))
The sentence imposed exceeds the statutory maximum or otherwise fails to conform with applicable Alabama sentencing statutes. Specifically: [________________________________]

☐ B. New Information Unavailable at Sentencing
Since the date of sentencing, new information has become available that was not before the Court at the time sentence was imposed. This information includes: [________________________________]

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

☐ D. Demonstrated Rehabilitation
Defendant has demonstrated substantial rehabilitation since the imposition of sentence, as evidenced by: [________________________________]

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

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

☐ G. Cooperation with Law Enforcement
Since sentencing, Defendant has provided substantial cooperation to law enforcement or the prosecution, including: [________________________________]

Filing Deadline

This motion is timely filed because: [________________________________]

Mitigating Factors

Defendant respectfully asks the Court to consider the following mitigating factors:

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

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

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

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

☐ Defendant was a minor participant in the offense: [________________________________]

☐ Defendant's family responsibilities and dependents: [________________________________]

☐ Defendant's employment history and potential: [________________________________]

☐ Defendant's educational background: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant presents the following evidence of rehabilitation while incarcerated or since sentencing:

☐ Educational programs completed: [________________________________]

☐ Vocational training completed: [________________________________]

☐ Substance abuse treatment programs: [________________________________]

☐ Disciplinary record while incarcerated: [________________________________]

☐ Religious 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. Ala. R. Crim. P. 32.1(a)(2) — Provides that a defendant may institute proceedings to secure relief on the ground that the sentence was not authorized by law or is otherwise illegal.

2. Ala. R. Crim. P. 26.9 — Permits a motion for new trial, which may challenge the sentence imposed, within 30 days of sentencing.

3. Ala. Code § 13A-5-9 — Sets forth authorized sentence ranges for criminal offenses by class.

4. Ala. Code § 15-18-8 — Authorizes split sentences (imprisonment followed by probation) and provides a framework for sentence structure.

5. Ex parte Hays, 518 So.2d 768 (Ala. 1986) — Confirmed the Circuit Court's authority to correct illegal sentences.

6. Additional Authority: [________________________________]

Proposed Order

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

ORDER ON MOTION FOR RECONSIDERATION OF SENTENCE

This matter having come before the Court on Defendant's Motion for Reconsideration of Sentence, and the Court having considered the motion, the arguments of counsel, and the record herein:

IT IS HEREBY ORDERED that:

☐ The Defendant's Motion is GRANTED. The sentence previously imposed on [__/__/____] is hereby vacated and the Defendant is resentenced 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. [________________________________]
Circuit Judge

Certificate of Service

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

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

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing (Alafile)
☐ Facsimile

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

State-Specific Notes

Distinction from Direct Appeal:
A Rule 32 petition is not a substitute for direct appeal. Issues that were or could have been raised on direct appeal are generally precluded under Rule 32.2(a)(2)–(5). Defendants should not rely on post-conviction motions to raise claims that should have been raised at trial or on appeal.

Post-Conviction Relief vs. Sentence Reconsideration:
Alabama's Rule 32 encompasses both challenges to convictions and to sentences. Claims that the sentence is illegal or unauthorized may be raised at any time under Rule 32.1(a)(2), while other claims are subject to the one-year limitations period.

Retroactive Sentencing Changes:
If a change in Alabama law reduces the punishment for an offense, defendants should evaluate whether the change applies retroactively. Legislative intent and the effective date of the statute will govern retroactivity.

Split-Sentence Considerations:
Under Ala. Code § 15-18-8, courts may impose split sentences. A motion to reconsider may request that the court restructure the sentence to include a split-sentence component.

Evidentiary Hearing:
The Court will determine whether an evidentiary hearing is required. Under Rule 32.6(b), if the petition is not summarily dismissed, the court shall order the State to file an answer or response within the time allowed by the rule.