Motion to Reconsider Sentence - Idaho

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 DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

Motion Header

MOTION FOR CORRECTION OR REDUCTION OF SENTENCE PURSUANT TO IDAHO CRIMINAL RULE 35

TO THE HONORABLE COURT:

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

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. IDOC Number: [________________________________]

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

4. Date Judgment Entered: [__/__/____]

5. Sentencing Judge: Hon. [________________________________]

6. Offense(s) of Conviction:

7. Sentence Imposed:

   • Determinate (fixed) portion, if applicable: [________________________________]
   • Indeterminate portion, if applicable: [________________________________]
   • Total unified sentence, if applicable: [________________________________]

8. Consecutive or Concurrent: [________________________________]

9. Retained Jurisdiction: ☐ Yes — Rider Program: [________________] ☐ No

10. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ Other: [________________________________]

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

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

13. Prior Rule 35 Motion Filed: ☐ Yes — Date: [__/__/____] — Outcome: [________________] ☐ No

Grounds for Sentence Reconsideration

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

☐ A. Illegal Sentence
The sentence imposed is illegal on the face of the record because: [________________________________]

☐ B. Sentence Imposed in an Illegal Manner
The sentence was imposed in an illegal manner. Specifically: [________________________________]

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

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

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

☐ F. Sentence Reduction Supported by Case-Specific Facts
The requested reduction is supported by the following facts and record materials: [________________________________]

☐ G. Sentencing Error or Reliance on Incorrect Information
The Court relied upon materially inaccurate information: [________________________________]

☐ H. Cooperation with Law Enforcement
Defendant has provided substantial cooperation: [________________________________]

Filing Deadline

Date Judgment Entered: [__/__/____]

Applicable Rule 35 route and deadline: [________________________________]

This motion is timely filed because: [________________________________]

Mitigating Factors

Defendant asks the Court to consider the following case-specific mitigating facts:

☐ 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: [________________________________]

☐ Rider program accomplishments (if applicable): [________________________________]

☐ 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. I.C.R. 35 — Permits correction at any time of a sentence illegal on the face of the record. Paragraph (b) supplies the distinct 120-day and probation-revocation routes for correcting an illegally imposed sentence or reducing a sentence. A defendant may file only one motion seeking reduction.

2. Idaho Code § 19-2513 — Establishes unified sentencing and the fixed/indeterminate structure.

3. Idaho Code § 19-2601 — Supplies separate discretionary suspension, withholding, probation, and retained-jurisdiction powers, subject to its offense and timing limits. Identify the specific available power if the requested modification depends on it.

4. Additional Authority for Selected Relief: [________________________________]

Proposed Order

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

ORDER ON MOTION FOR REDUCTION OF SENTENCE

This matter having come before the Court on Defendant's Motion for Correction or Reduction of Sentence pursuant to I.C.R. 35, and the Court having considered the motion, the record, and any additional information:

IT IS HEREBY ORDERED that:

☐ The Defendant's Motion is GRANTED. The sentence previously imposed on [__/__/____] is hereby reduced 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 this [____] day of [________________], [________].

_________________________________________
Hon. [________________________________]
[JUDGE TITLE]

Certificate of Service

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

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

Method of Service: [________________________________]

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

State-Specific Notes

Scope of This Motion:
Identify the precise Rule 35 ground and requested relief. Record any separate appeal or post-conviction proceeding in the case history above.

Single Motion Limitation:
A defendant may file only one motion seeking reduction of sentence under Rule 35. This rule is strictly enforced. All arguments for reduction must be presented in a single, comprehensive motion.

No Hearing Presumption:
Rule 35 motions are considered and determined without additional testimony and without oral argument unless the court orders otherwise. Include all supporting documentation and arguments with the motion itself.

Unified Sentencing:
For a felony sentence under Idaho Code § 19-2513, the judgment states a minimum confinement period and may state a later indeterminate period. Parole or discharge during the minimum term is limited by the section's stated exceptions. Match any requested change to the actual judgment and statutory maximum.

Retained Jurisdiction (Rider):
If the court retained jurisdiction and placed the defendant in a rider program, a new 120-day period begins upon the order releasing retained jurisdiction. The defendant's performance during the rider may be a basis for reduction.