Motion to Reconsider Sentence

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Reconsideration
5. Mitigating Factors
6. Rehabilitation Evidence
7. Proposed Modified Sentence
8. Legal Authority
9. Proposed Order
10. Certificate of Service
11. State-Specific Notes

Caption

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

IN AND FOR [________________________________] COUNTY, FLORIDA

Motion Header

DEFENDANT'S MOTION TO REDUCE OR MODIFY SENTENCE PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(c)

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, [________________________________], and respectfully moves this Honorable Court to reduce or modify the sentence previously imposed, pursuant to Florida Rule of Criminal Procedure 3.800(c), and states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. DC Number (if applicable): [________________________________]

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

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Criminal Punishment Code Scoresheet Total: [________________________________] points

7. Lowest Permissible Sentence: [________________________________]

8. Sentence Imposed: [________________________________]

9. Date Sentence Became Final: [__/__/____]

10. Filing Deadline (60 days from sentencing or appellate mandate): [__/__/____]

Grounds for Reconsideration

Defendant respectfully moves this Court to reduce or modify the sentence imposed on the following grounds:

☐ A. New Information. Significant information not previously available to the Court bears on the appropriateness of the sentence: [________________________________]

☐ B. Changed Circumstances. Material circumstances have changed since sentencing that render the original sentence inappropriate: [________________________________]

☐ C. Rehabilitation. Defendant has demonstrated meaningful rehabilitation since sentencing: [________________________________]

☐ D. Disproportionate Sentence. The sentence imposed is disproportionate when compared to similarly situated defendants or to the severity of the offense: [________________________________]

☐ E. Sentencing Error. The sentence was based on incorrect information in the scoresheet or presentence investigation report: [________________________________]

☐ F. Cooperation with Authorities. Defendant has provided substantial assistance to law enforcement: [________________________________]

☐ G. Incorrect Jail Credit. The sentence failed to include proper credit for time served: [________________________________]

Mitigating Factors

The following mitigating factors support sentence modification:

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

☐ Defendant's current age: [________________________________]

☐ Prior criminal history (or lack thereof): [________________________________]

☐ Minor role in the offense: [________________________________]

☐ Mental health diagnosis and treatment: [________________________________]

☐ Substance abuse history and recovery efforts: [________________________________]

☐ Impact on Defendant's dependents: [________________________________]

☐ Stable employment history: [________________________________]

☐ Military service: [________________________________]

☐ Other mitigating circumstances: [________________________________]

Rehabilitation Evidence

Defendant has achieved the following:

A. Programs Completed:

B. Employment and Vocational Training:

[________________________________]

C. Educational Achievements:

[________________________________]

D. Community Ties and Reentry Plan:

[________________________________]

E. Support Letters:

☐ Letters from family members (number attached: [____])

☐ Letters from community members (number attached: [____])

☐ Letters from program staff/counselors (number attached: [____])

☐ Letters from prospective employers (number attached: [____])

F. Disciplinary Record:

[________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court modify the sentence as follows:

[________________________________]

Legal Authority

A. Fla. R. Crim. P. 3.800(c) — Within 60 days after the imposition of sentence or within 60 days after receipt by the court of a mandate issued by the appellate court on affirmance of the judgment and/or sentence on an original appeal, the sentencing court may reduce or modify the sentence. The court must enter an order within 90 days of filing.

B. Fla. R. Crim. P. 3.800(a) — A court may at any time correct an illegal sentence imposed by it, a sentence that does not grant proper credit for time served, or an incorrect calculation of a sentencing scoresheet when the error is apparent on the face of the record.

C. Fla. R. Crim. P. 3.800(b) — Within the time allowed for filing a notice of appeal, a defendant or the state may move to correct a sentencing error. The court must rule within 60 days or the motion is deemed denied.

D. Additional Authority:

[________________________________]

Proposed Order

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

IN AND FOR [________________________________] COUNTY, FLORIDA

Case No.: [________________________________]

ORDER ON DEFENDANT'S MOTION TO REDUCE OR MODIFY SENTENCE

THIS CAUSE came before the Court upon Defendant's Motion to Reduce or Modify Sentence pursuant to Fla. R. Crim. P. 3.800(c). The Court, having reviewed the motion, the court file, and any response by the State, and being otherwise fully advised, finds:

IT IS HEREBY ORDERED AND ADJUDGED that:

☐ The motion is GRANTED. The Defendant's sentence is modified as follows: [________________________________]

☐ The motion is DENIED.

DONE AND ORDERED in [________________________________] County, Florida, this [____] day of [________________________________], [____].

_________________________________________
Hon. [________________________________]
Circuit Judge

Certificate of Service

I HEREBY CERTIFY that on [__/__/____], a true and correct copy of the foregoing Motion to Reduce or Modify Sentence was served on:

☐ Electronic service through the Florida Courts E-Filing Portal
☐ United States Mail, first class, postage prepaid
☐ Hand delivery

Office of the State Attorney
[________________________________] Judicial Circuit
[________________________________]
[________________________________]

Dated: [__/__/____]

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

State-Specific Notes

Filing Deadline: Under Rule 3.800(c), the motion must be filed within 60 days of sentencing or within 60 days of the court receiving the appellate mandate on affirmance. The court has 90 days from filing to enter an order.

Distinction from Appeal: Filing a motion under Rule 3.800(b) during the appeal window stays rendition under Fla. R. App. P. 9.020(h). A Rule 3.800(c) motion is a separate remedy from a direct appeal.

Mandatory Minimums: Rule 3.800(c) does not apply to mandatory minimum sentences where the court lacks discretion, nor to death sentences.

Relationship to Post-Conviction Relief: For claims arising after the 60-day window, defendants may pursue post-conviction relief under Fla. R. Crim. P. 3.850 (ineffective assistance of counsel, newly discovered evidence) or Fla. R. Crim. P. 3.853 (DNA testing).

Retroactive Sentencing Changes: Retroactive changes in sentencing law may support a motion under Rule 3.800(a) to correct an illegal sentence if the original sentence exceeds the current statutory maximum. Otherwise, legislative changes are not automatically retroactive unless the statute specifically provides for retroactive application.

Scoresheet Errors: Errors in the Criminal Punishment Code scoresheet that are apparent on the face of the record may be corrected at any time under Rule 3.800(a).