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 OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

Motion Header

MOTION TO CORRECT OR RECONSIDER SENTENCE PURSUANT TO ARIZ. R. CRIM. P. 24.3 AND/OR RULE 32

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully moves this Court to correct or reconsider 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. Presumptive / Mitigated / Aggravated Range: [________________________________]

8. Consecutive or Concurrent: [________________________________]

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

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

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

Grounds for Sentence Reconsideration

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

☐ A. Unlawful Sentence (Rule 24.3)
The sentence imposed is unlawful because it does not conform to Arizona sentencing statutes. Specifically: [________________________________]

☐ B. Sentence Imposed in an Unlawful Manner (Rule 24.3)
The procedure used in imposing the sentence was unlawful. Specifically: [________________________________]

☐ C. New Information Unavailable at Sentencing
Since sentencing, new facts or evidence have become available that were not reasonably available at the time of sentencing: [________________________________]

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

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

☐ 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: [________________________________]

Filing Deadline

This motion is timely filed because: [________________________________]

Mitigating Factors

Defendant respectfully asks the Court to consider the following mitigating factors under A.R.S. § 13-701(E):

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

☐ Defendant's capacity to appreciate the wrongfulness of the conduct was significantly impaired: [________________________________]

☐ Defendant was under unusual or substantial duress: [________________________________]

☐ Defendant's degree of participation in the offense was minor: [________________________________]

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

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

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

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

☐ Defendant's employment history: [________________________________]

☐ 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 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. Ariz. R. Crim. P. 24.3 — Permits the court to correct an unlawful sentence or a sentence imposed in an unlawful manner within the applicable time period.

2. Ariz. R. Crim. P. 32 — Provides post-conviction relief on grounds including newly discovered evidence, constitutional violations, and significant changes in the law.

3. A.R.S. § 13-603 — Enumerates the types of sentences authorized by Arizona law.

4. A.R.S. § 13-701 et seq. — Establishes sentencing ranges and the presumptive, mitigated, and aggravated terms for each offense class.

5. State v. Piotrowski, 326 P.3d 314 (Ariz. App. 2014) — Discussed the scope and timing requirements of Rule 24.3 motions.

6. Additional Authority: [________________________________]

Proposed Order

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

ORDER ON MOTION TO CORRECT / RECONSIDER SENTENCE

This matter having come before the Court on Defendant's Motion to Correct or Reconsider 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/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 Correct or Reconsider Sentence was served upon:

[________________________________] County Attorney's Office
[________________________________]
[________________________________]
[________________________________]

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

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

State-Specific Notes

Distinction from Direct Appeal:
A motion under Rule 24.3 addresses the legality of the sentence itself, not errors in the trial. Post-conviction relief under Rule 32 provides a broader avenue for challenge but is subject to preclusion rules — issues that were or could have been raised on appeal are generally barred.

Rule 32 Post-Conviction Relief:
Arizona Rule 32 provides for "of-right" proceedings (first petition) and "successive" proceedings (subsequent petitions). Successive petitions are limited to claims of newly discovered evidence, significant changes in the law, and actual innocence.

Mandatory Sentencing:
Arizona imposes mandatory minimum sentences for many offenses, particularly those designated as "dangerous" under A.R.S. § 13-704. The court's authority to modify is limited when mandatory minimums apply.

Retroactive Sentencing Changes:
Arizona courts have addressed retroactivity in the context of Proposition 200 (drug sentencing) and other legislative reforms. Whether a change applies retroactively depends on legislative intent and the nature of the amendment.

Dangerous Crimes Against Children:
Sentences for dangerous crimes against children under A.R.S. § 13-705 carry specific mandatory terms that significantly limit the court's authority to modify.