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, ARKANSAS

[________________________________] DIVISION

Motion Header

MOTION FOR CORRECTION OR REDUCTION OF SENTENCE PURSUANT TO ARK. CODE ANN. § 16-90-111 AND/OR ARK. R. CRIM. P. 37

TO THE HONORABLE COURT:

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

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. ADC Inmate Number: [________________________________]

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

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

Grounds for Sentence Reconsideration

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

☐ A. Illegal Sentence (§ 16-90-111(a))
The sentence imposed is illegal on its face because: [________________________________]

☐ B. Sentence Imposed in an Illegal Manner (§ 16-90-111(b))
The sentence was imposed in an illegal manner. Specifically: [________________________________]

☐ C. New Information Unavailable at Sentencing
Since sentencing, new information has become available: [________________________________]

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

☐ E. Demonstrated Rehabilitation
Defendant has demonstrated substantial rehabilitation: [________________________________]

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

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

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

☐ I. Ineffective Assistance of Counsel at Sentencing (Rule 37)
Defendant received ineffective assistance of counsel during the sentencing phase. Specifically: [________________________________]

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: [________________________________]

☐ Victim impact considerations: [________________________________]

☐ 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: [________________________________]

☐ Community service or religious 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. Ark. Code Ann. § 16-90-111(a) — Allows the court to correct an illegal sentence at any time while the defendant is serving the sentence.

2. Ark. Code Ann. § 16-90-111(b) — Permits the court to reduce a sentence within 90 days of imposition if the sentence was imposed in an illegal manner.

3. Ark. R. Crim. P. 37.1 — Provides grounds for post-conviction relief, including ineffective assistance of counsel and sentences unauthorized by law.

4. Ark. R. Crim. P. 37.2(c) — Establishes jurisdictional filing deadlines for post-conviction petitions.

5. Hamm v. State, 54 S.W.3d 537 (Ark. App. 2001) — Addressed the relationship between § 16-90-111 and Rule 37 filing requirements.

6. Additional Authority: [________________________________]

Proposed Order

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

ORDER ON MOTION FOR CORRECTION OR REDUCTION OF SENTENCE

This matter having come before the Court on Defendant's Motion for Correction or Reduction of Sentence, 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 corrected/reduced 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 Correction or Reduction of Sentence was served upon:

Office of the Prosecuting Attorney
[________________________________]
[________________________________]
[________________________________]

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

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

State-Specific Notes

Distinction from Direct Appeal:
A Rule 37 petition is not a substitute for direct appeal. Claims that were or could have been raised on direct appeal are generally precluded. The petition specifically addresses post-conviction issues such as ineffective assistance of counsel and illegal sentences.

Rule 37 vs. § 16-90-111:
While § 16-90-111 provides statutory authority for correcting illegal sentences, Rule 37.2 provides the procedural framework and jurisdictional time limitations. The 90-day filing deadline in Rule 37.2(c) governs petitions filed under both provisions.

Retroactive Sentencing Changes:
Arkansas courts evaluate retroactivity based on legislative intent. The Arkansas Sentencing Commission under Ark. Code Ann. § 16-90-802 may issue guidelines that affect sentencing, but retroactive application requires specific statutory authorization.

Sentencing Guidelines:
Arkansas adopted voluntary presumptive sentencing standards under Ark. Code Ann. § 16-90-803. While not mandatory, these guidelines may inform arguments about disproportionate sentencing.

Evidentiary Hearing:
Under Rule 37.3, the court shall hold an evidentiary hearing unless the files and records of the case conclusively show that the petitioner is entitled to no relief.