Motion to Reconsider Sentence

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 IOWA DISTRICT COURT FOR [________________________________] COUNTY

Motion Header

MOTION FOR RECONSIDERATION OF SENTENCE PURSUANT TO IOWA CODE § 902.4

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully moves this Court to reconsider the sentence imposed in the above-captioned matter pursuant to Iowa Code § 902.4. In support thereof, Defendant states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. Iowa DOC Number: [________________________________]

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

4. Date Defendant Began Serving Sentence of Confinement: [__/__/____]

5. Sentencing Judge: Hon. [________________________________]

6. Offense(s) of Conviction:

7. Sentence Imposed: [________________________________]

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

9. Consecutive or Concurrent: [________________________________]

10. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ Alford Plea

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

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

Grounds for Sentence Reconsideration

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

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

☐ B. Changed Circumstances
Defendant's circumstances have materially changed since beginning to serve the sentence: [________________________________]

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

☐ D. Recommendation of Director of Iowa Department of Corrections
The Director of the Iowa Department of Corrections has recommended reconsideration: [________________________________]

☐ 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: [________________________________]

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

☐ H. Sentencing Error Requiring Reopening (§ 901.5A)
The sentence contains an error that requires correction: [________________________________]

Filing Deadline

Exclusions: § 902.4 does not apply to:

• Class "A" felonies
• Felonies for which a mandatory minimum sentence of confinement is imposed

Date Defendant Began Serving Sentence: [__/__/____]

One-Year 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 played a minor role in the offense: [________________________________]

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

☐ Defendant's employment history and potential: [________________________________]

☐ Defendant's educational background: [________________________________]

☐ Defendant's acceptance of responsibility: [________________________________]

☐ 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: [________________________________]

☐ Iowa DOC program completions and evaluations: [________________________________]

☐ 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. Iowa Code § 902.4 — Permits the court, within one year of the date a person begins serving a sentence of confinement, to order the person returned to court and to reaffirm the sentence or substitute any sentence permitted by law. Does not apply to Class "A" felonies or offenses with mandatory minimums.

2. Iowa Code § 901.5 — Authorizes the court to pronounce judgment and sentence, with reconsideration as provided by §§ 902.4 and 903.2.

3. Iowa Code § 901.5A — Provides for reopening a sentence to correct errors.

4. Iowa Code § 903.2 — Provides a parallel reconsideration mechanism for misdemeanant sentences.

5. State v. Witham, 583 N.W.2d 677 (Iowa 1998) — Discussed the scope of the court's authority under § 902.4 to reconsider sentences.

6. Additional Authority: [________________________________]

Proposed Order

IN THE IOWA DISTRICT COURT FOR [________________________________] COUNTY

ORDER ON MOTION FOR RECONSIDERATION OF SENTENCE

This matter having come before the Court on Defendant's Motion for Reconsideration of Sentence pursuant to Iowa Code § 902.4, and the Court having considered the motion, the record, and the arguments of counsel:

IT IS HEREBY ORDERED that:

☐ The Defendant is ordered returned to this Court for a hearing on reconsideration of sentence, set for [__/__/____] at [____] a.m./p.m.

☐ The Defendant's sentence is REAFFIRMED.

☐ The Defendant's sentence is MODIFIED. The sentence previously imposed on [__/__/____] is hereby vacated and the following sentence is substituted: [________________________________]

☐ The Defendant's Motion is DENIED.

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

_________________________________________
Hon. [________________________________]
District Judge

Certificate of Service

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

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

Director, Iowa Department of Corrections (if applicable)
[________________________________]

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing (Iowa Judicial Branch EDMS)
☐ Facsimile

_________________________________________
[________________________________]
Attorney for Defendant
Iowa Supreme Court Attorney No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Distinction from Direct Appeal:
A reconsideration motion under § 902.4 is a request for the sentencing court to exercise its discretion, not an appellate review. Direct appeals are taken to the Iowa Court of Appeals. Post-conviction relief under Iowa Rule of Criminal Procedure 2.24 addresses constitutional violations.

Court's Own Motion or DOC Recommendation:
Under § 902.4, the court may act on its own motion or on the recommendation of the Director of the Iowa Department of Corrections. Defense counsel may request that the DOC Director make such a recommendation.

Hearing Not Required:
The court may, but is not required to, conduct a hearing upon request of the state, defense counsel, or the defendant. The statute leaves this to the court's discretion.

Class "A" Felony Exclusion:
Reconsideration under § 902.4 is not available for Class "A" felonies (e.g., first-degree murder), which carry a mandatory sentence of life without parole.

Mandatory Minimum Exclusion:
Offenses carrying a mandatory minimum sentence of confinement are excluded from reconsideration under § 902.4. Practitioners must verify whether the defendant's offense includes a mandatory minimum.

Retroactive Sentencing Changes:
Iowa has enacted various criminal justice reforms. Defendants should evaluate whether any retroactive changes to sentencing law apply. Recent amendments to Iowa Code chapters 901 and 902 should be reviewed.

Reopening of Sentence:
Iowa Code § 901.5A provides a separate mechanism for reopening a sentence that contains an error. This is distinct from the broader reconsideration available under § 902.4.