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 THE [________________________________] CIRCUIT

STATE OF HAWAII

Motion Header

MOTION TO REDUCE OR CORRECT SENTENCE PURSUANT TO HRPP RULE 35

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully moves this Court to reduce or correct the sentence imposed in the above-captioned matter pursuant to Rule 35 of the Hawaii Rules of Penal Procedure. In support thereof, Defendant states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. Hawaii CSD Number: [________________________________]

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

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Sentence Imposed: [________________________________]

7. Minimum Term Set by Hawaii Paroling Authority (if applicable): [________________________________]

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

12. Appellate Mandate Received: ☐ Yes — Date: [__/__/____] ☐ No ☐ N/A

Grounds for Sentence Reconsideration

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

☐ A. Illegal Sentence
The sentence imposed is illegal because: [________________________________]

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

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

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

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

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

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

Filing Deadline

Date of Sentencing: [__/__/____]

90-Day 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 cultural and community ties: [________________________________]

☐ Defendant's educational background: [________________________________]

☐ 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: [________________________________]

☐ Cultural and 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. HRPP Rule 35 — Provides that the court may correct an illegal sentence at any time and may reduce a sentence within 90 days of imposition or within 90 days of receipt of an appellate mandate.

2. HRS § 706-609 — Authorizes the court to reduce a sentence in the interests of justice.

3. HRS § 706-669 — Governs the setting of minimum terms of imprisonment by the Hawaii Paroling Authority.

4. HRS § 806-71 — Addresses sentencing and probation procedures.

5. State v. Kong, 393 P.3d 1005 (Haw. 2017) — Addressed the scope and application of HRPP Rule 35 motions.

6. State v. Tuua (ICA No. 25328) — Discussed the distinction between illegal sentence correction and discretionary sentence reduction.

7. Additional Authority: [________________________________]

Proposed Order

IN THE CIRCUIT COURT OF THE [________________________________] CIRCUIT

STATE OF HAWAII

ORDER ON MOTION TO REDUCE / CORRECT SENTENCE

This matter having come before the Court on Defendant's Motion to Reduce or Correct Sentence pursuant to HRPP Rule 35, 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 reduced/corrected 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.

DATED: [________________], Hawaii, [__/__/____].

_________________________________________
Hon. [________________________________]
Circuit Court Judge

Certificate of Service

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

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

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing (JEFS — Judiciary Electronic Filing System)
☐ Facsimile

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

State-Specific Notes

Distinction from Direct Appeal:
A HRPP Rule 35 motion addresses the sentence itself, while a direct appeal to the Hawaii Intermediate Court of Appeals addresses legal errors in the proceedings. A Rule 40 petition provides post-conviction relief on constitutional grounds.

Hawaii Paroling Authority:
For indeterminate sentences, the Hawaii Paroling Authority sets the minimum term of imprisonment. A Rule 35 motion to reduce the sentence is directed to the sentencing court, not the Paroling Authority. Challenges to the minimum term set by the Paroling Authority may require separate proceedings.

90-Day Window:
A motion filed within the 90-day period empowers the court to act even after the period expires. This means the court has continuing jurisdiction to rule on the motion after the deadline, provided the motion was timely filed within the window.

Presentence Investigation Report:
Challenges to inaccurate information in the PSI can be brought on a Rule 35 motion. Hawaii courts have recognized that erroneous inclusion of prior convictions in the PSI may warrant reconsideration.

Retroactive Sentencing Changes:
Hawaii has enacted various criminal justice reforms. Defendants should evaluate whether any retroactive changes in sentencing law apply to their case, particularly regarding drug offenses and mandatory minimums.