Motion to Reconsider Sentence - Delaware

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 DELAWARE

Motion Header

DEFENDANT'S MOTION TO CORRECT OR REDUCE SENTENCE UNDER SUPERIOR COURT CRIMINAL RULE 35

TO THE HONORABLE COURT:

Defendant, [________________________________], by and through counsel [________________________________], moves to ☐ correct ☐ reduce the sentence imposed in this case under the selected provision of Delaware Superior Court Criminal Rule 35. Defendant states the facts, timing, and relief below.

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. Delaware DOC Number: [________________________________]

3. Criminal ID Number: [________________________________]

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

5. Sentencing Judge: Hon. [________________________________]

6. Offense(s) of Conviction:

7. Sentence Imposed: [________________________________]

8. Mandatory Minimum (if applicable): [________________________________]

9. Applicable Sentencing Guideline or Recommendation, if any: [SOURCE AND RANGE / NONE]

10. Consecutive or Concurrent: [________________________________]

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

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

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

14. Prior Rule 35(b) Motion Filed: ☐ Yes — Date: [__/__/____] — Outcome: [________________] ☐ No

Grounds for Sentence Reconsideration

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

☐ A. Illegal Sentence (Rule 35(a))
The sentence is illegal because: [IDENTIFY THE SENTENCE, GOVERNING AUTHORITY, AND DEFECT].

☐ B. Sentence Imposed in an Illegal Manner (Rule 35(a))
The sentence was imposed in an illegal manner because: [FACTS AND AUTHORITY]. This request is made within the time Rule 35(b) provides for reduction of the relevant sentence component.

☐ C. Clear Error (Rule 35(c))
The sentencing court imposed the sentence as a result of the following arithmetical, technical, or other clear error: [DESCRIBE]. This motion is made within 14 days after imposition.

☐ D. Reduction of Imprisonment (Rule 35(b))
This motion is made ☐ within 90 days after imposition of the sentence of imprisonment ☐ within 90 days after imposition of a new sentence following remand for a new trial or resentencing ☐ later, based on the extraordinary circumstances described below.

Reasons for the requested reduction (complete those that apply):

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

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

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

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

☐ Incorrect Information Considered at Sentencing
The Court relied upon materially inaccurate information at sentencing: [________________________________]

☐ Other Mitigation, Including Cooperation
The following facts support reduction within the selected Rule 35(b) route: [________________________________]

☐ Extraordinary Circumstances for a Late Imprisonment-Reduction Request
The circumstances supporting consideration after 90 days are: [SPECIFIC FACTS AND SUPPORTING EVIDENCE].

☐ E. Costs, Fine, Partial Confinement, or Probation (Rule 35(b))
Defendant asks the Court to ☐ suspend costs or fine ☐ reduce the fine ☐ reduce the term or conditions of partial confinement or probation. Identify the component and proposed change: [________________________________].

Filing Deadline

Date of Sentencing: [__/__/____]

Applicable Deadline and Calculation: [DATE, TRIGGER, RULE PROVISION]

Motion Filed: [__/__/____]

Timeliness or late-filing basis: [________________________________]

Mitigating Factors

For a Rule 35(b) reduction request, Defendant asks the Court to consider the selected mitigating facts. For a Rule 35(a) or (c) correction request, use only evidence relevant to the identified defect.

☐ 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: [________________________________]

☐ Applicable sentencing guideline considerations, if supported by the current source: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

For a Rule 35(b) reduction request, Defendant presents the selected 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. Del. Super. Ct. Crim. R. 35(a) — Permits correction of an illegal sentence at any time; a sentence imposed in an illegal manner follows the Rule 35(b) reduction period.

2. Del. Super. Ct. Crim. R. 35(b) — Governs imprisonment reduction, late applications, repetitive requests, and modification of costs, fines, partial confinement, or probation.

3. Del. Super. Ct. Crim. R. 35(c) — Allows the sentencing court to correct arithmetical, technical, or other clear error within 14 days.

4. 11 Del. C. § 4217 — Has a distinct sentence-modification application with eligibility and filing requirements. Use that process only after checking its current terms; this Rule 35 motion does not substitute for it.

5. Additional controlling authority for the selected ground: [________________________________]

Proposed Order

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

ORDER ON MOTION TO CORRECT OR REDUCE SENTENCE

This matter having come before the Court on Defendant's motion under Superior Court Criminal Rule 35[SUBDIVISION], and the Court having considered the motion, record, and any response:

IT IS HEREBY ORDERED that:

☐ Defendant's motion is GRANTED. The sentence previously imposed on [__/__/____] is corrected or reduced as follows: [________________________________]

☐ Defendant's motion is GRANTED IN PART. The sentence is corrected or reduced as follows: [________________________________]

☐ The Defendant's Motion is DENIED.

☐ A hearing on this matter is set for [__/__/____] at [____] a.m./p.m.

IT IS SO ORDERED this [____] day of [________________], [________].

_________________________________________
Hon. [________________________________]
Superior Court Judge

Certificate of Service

I certify that on [__/__/____], I served a true and correct copy of the foregoing motion upon:

Department of Justice, State of Delaware
[________________________________]
[________________________________]
[________________________________]

Method of Service:
☐ Service by [METHOD VERIFIED UNDER RULE 49(b) AND APPLICABLE CIVIL SERVICE RULE]
☐ Electronic service under Rule 64(h), if this is a designated eFile case

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

State-Specific Notes

Separate Routes:
Rule 35 provides the sentence-correction and reduction routes selected above. Section 4217 has separate eligibility and application requirements. Section 4346 concerns parole eligibility, not a court motion for sentence reduction based on substantial assistance.

Repetitive Motions Prohibited:
Rule 35(b) states that the Court will not consider repetitive requests for sentence reduction. Disclose any prior Rule 35 motion and its disposition.

Mandatory Minimums:
Identify any mandatory sentence component and the specific authority, if any, permitting the requested change before asking the Court to alter it.

Sentencing Guidelines:
If a sentencing guideline or recommendation is relevant, identify its current source and explain its application to the requested relief.

No Hearing Required:
Rule 35(b) permits consideration of a reduction motion without presentation, hearing, or argument unless the Court orders otherwise. Include the supporting record with the motion.

Scope of This Form:
Use this motion only for relief available under the selected Rule 35 provision and the actual sentence. A § 4217 application or parole request requires its own process.

Official references

• Delaware Superior Court Rules of Criminal Procedure, 2026 edition
• 11 Del. C. § 4217
• 11 Del. C. § 4346