Motion to Reconsider Sentence

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Sentence Modification
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 [________________________________] COURT OF [________________________________] COUNTY, INDIANA

Motion Header

PETITION FOR MODIFICATION OF SENTENCE PURSUANT TO INDIANA CODE § 35-38-1-17

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully petitions this Court for modification of the sentence imposed in the above-captioned matter pursuant to Indiana Code § 35-38-1-17. In support thereof, Defendant states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. IDOC Number: [________________________________]

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

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Advisory Sentence: [________________________________]

7. Sentence Imposed: [________________________________]

8. Executed Portion: [________________________________]

9. Suspended Portion: [________________________________]

10. Consecutive or Concurrent: [________________________________]

11. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ Open Plea

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

13. Violent Criminal Status: ☐ Yes (as defined by IC § 35-38-1-17(d)) ☐ No

14. Credit Restricted Felon: ☐ Yes ☐ No

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

16. Prior Modification Petitions: ☐ None ☐ One — Date: [__/__/____], Outcome: [________________] ☐ Two (maximum reached)

Grounds for Sentence Modification

Defendant respectfully requests modification 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 sentencing: [________________________________]

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

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

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

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

☐ G. Medical or Health Circumstances
Defendant's medical condition warrants sentence modification: [________________________________]

☐ H. Prosecution Consent Obtained (if required)
The prosecuting attorney has consented to the requested modification: [________________________________]

Filing Deadline

Non-Violent Offenders:

Violent Offenders (IC § 35-38-1-17(d)):

Plea Agreement Cases:
The court may not modify a plea-agreement sentence without the consent of the prosecuting attorney.

This petition is the defendant's: ☐ First petition ☐ Second petition

Date of last petition (if any): [__/__/____]

This petition is properly 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 hardship of incarceration: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant presents the following evidence of rehabilitation:

☐ Educational programs completed (GED, college courses): [________________________________]

☐ Vocational training completed: [________________________________]

☐ Substance abuse treatment programs (CLIFF, PLUS, therapeutic community): [________________________________]

☐ Disciplinary record while incarcerated: [________________________________]

☐ Community service or religious involvement: [________________________________]

☐ Letters of support from: [________________________________]

☐ Reentry plan upon release (employment, housing, support): [________________________________]

☐ IDOC program completions: [________________________________]

☐ Other rehabilitative accomplishments: [________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court modify the sentence as follows:

Justification for proposed modification: [________________________________]

Legal Authority

1. Ind. Code § 35-38-1-17 — Authorizes the court to reduce or suspend a sentence. Establishes different filing requirements for violent and non-violent offenders and limits the number of petitions.

2. Ind. Code § 35-38-1-1.5 — Provides for alternative sentencing options including community corrections and home detention.

3. Ind. Code § 35-50-1-2 — Establishes advisory sentences and sentencing ranges for felony levels.

4. Ind. Code § 35-31.5-2-72 — Defines "credit restricted felon" and precludes sentence modification for such individuals.

5. Gardiner v. State, 928 N.E.2d 194 (Ind. 2010) — Addressed the standards and limitations governing sentence modification petitions.

6. Additional Authority: [________________________________]

Proposed Order

IN THE [________________________________] COURT OF [________________________________] COUNTY, INDIANA

ORDER ON PETITION FOR MODIFICATION OF SENTENCE

This matter having come before the Court on Defendant's Petition for Modification of Sentence pursuant to Indiana Code § 35-38-1-17, and the Court having considered the petition, the record, the arguments of counsel, and any response from the State:

IT IS HEREBY ORDERED that:

☐ The Defendant's Petition is GRANTED. The sentence previously imposed on [__/__/____] is hereby modified as follows: [________________________________]

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

☐ The Defendant's Petition is DENIED.

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

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

_________________________________________
Hon. [________________________________]
Judge, [________________________________] Court

Certificate of Service

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

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

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing (Odyssey / Indiana E-Filing System)
☐ Facsimile

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

State-Specific Notes

Distinction from Direct Appeal:
A sentence modification petition under IC § 35-38-1-17 is a request for leniency directed to the sentencing court's discretion. It is not a substitute for direct appeal or post-conviction relief under Indiana Post-Conviction Rule 1.

Violent vs. Non-Violent Classification:
Indiana Code § 35-38-1-17(d) lists offenses that classify a defendant as a "violent criminal." This classification dramatically limits filing rights. After 365 days, violent criminals cannot file without prosecutorial consent. Practitioners must carefully verify whether the client's offenses fall within this definition.

Credit Restricted Felons:
Sentence modification is entirely unavailable for credit restricted felons under IC § 35-31.5-2-72, which includes individuals convicted of certain child molesting offenses and murder.

Plea Agreement Restriction:
If the defendant was sentenced pursuant to a plea agreement, the court may not modify the sentence without the consent of the prosecuting attorney. This is a common barrier to modification.

Advisory Sentences:
Indiana uses advisory sentences rather than mandatory guidelines. The advisory sentence is the starting point, with aggravating and mitigating factors determining the final sentence. Modifications should reference the advisory sentence as a benchmark.

Retroactive Sentencing Changes:
Indiana has revised its criminal code multiple times, including the 2014 overhaul that changed felony classifications from Class A-D to Levels 1-6. Whether changes apply retroactively depends on legislative intent and the specific statutory provisions.