Motion to Reconsider Sentence

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Sentence Correction or 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 DISTRICT COURT OF [________________________________] COUNTY, KANSAS

Motion Header

MOTION TO CORRECT ILLEGAL SENTENCE / MOTION TO MODIFY SENTENCE PURSUANT TO K.S.A. § 22-3504 AND/OR K.S.A. § 21-6820

TO THE HONORABLE COURT:

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

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. KDOC Number: [________________________________]

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

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Criminal History Category: [________________________________]

7. Presumptive Guidelines Sentence: [________________________________]

8. Sentence Imposed: [________________________________]

9. Departure Sentence (if applicable): ☐ Durational Departure ☐ Dispositional Departure ☐ N/A

10. Consecutive or Concurrent: [________________________________]

11. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ No Contest

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

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

14. Postrelease Supervision Period: [________________________________]

Grounds for Sentence Correction or Modification

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

☐ A. Sentence Imposed Without Jurisdiction
The court lacked jurisdiction to impose the sentence because: [________________________________]

☐ B. Sentence Does Not Conform to Statutory Provision
The sentence does not conform to the applicable statutory provision in character or punishment. Specifically: [________________________________]

☐ C. Ambiguous Sentence
The sentence is ambiguous with respect to its terms. Specifically: [________________________________]

☐ D. Incorrect Criminal History Score
The criminal history score used in sentencing was incorrect. The correct score is: [________________________________]

☐ E. Incorrect Severity Level Classification
The offense was classified at an incorrect severity level. The correct level is: [________________________________]

☐ F. Drug Offense Modification (K.S.A. § 21-6820)
Defendant qualifies for sentence modification under K.S.A. § 21-6820 because: [________________________________]

☐ G. New Information or Changed Circumstances
Since sentencing, the following new information or changed circumstances have arisen: [________________________________]

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

Filing 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 acted under duress or provocation: [________________________________]

☐ 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: [________________________________]

☐ Reentry plan upon release: [________________________________]

☐ KDOC 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. K.S.A. § 22-3504 — Allows the court to correct an illegal sentence at any time while the defendant is serving the sentence. An illegal sentence is one: imposed without jurisdiction, that does not conform to statutory provisions, or that is ambiguous.

2. K.S.A. § 21-6820 — Provides for modification of sentences in certain drug offense cases.

3. K.S.A. § 21-6804 — Establishes the sentencing guidelines grid for nondrug offenses.

4. K.S.A. § 21-6805 — Establishes the sentencing guidelines grid for drug offenses.

5. K.S.A. § 21-6815 — Enumerates departure factors and requires substantial and compelling reasons for departure from the presumptive guidelines sentence.

6. State v. Dickey, 350 P.3d 1054 (Kan. 2015) — Held that challenges to criminal history score classification may be raised as illegal-sentence claims under § 22-3504.

7. State v. Murdock, 299 Kan. 312 (2014) — Addressed the definition and scope of "illegal sentence" under K.S.A. § 22-3504.

8. Additional Authority: [________________________________]

Proposed Order

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

ORDER ON MOTION TO CORRECT / MODIFY SENTENCE

This matter having come before the Court on Defendant's Motion to Correct Illegal Sentence / Motion to Modify Sentence, and the Court having considered the motion, the files and records of the case, and the arguments of counsel:

IT IS HEREBY ORDERED that:

☐ The Defendant's Motion is GRANTED. The sentence previously imposed on [__/__/____] is hereby corrected/modified 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.

☐ Defendant shall receive full credit for time served under the original sentence: [________________________________]

IT IS 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 to Correct Illegal Sentence / Motion to Modify Sentence was served upon:

Office of the District Attorney, [________________________________] Judicial District
[________________________________]
[________________________________]
[________________________________]

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing (Kansas Courts E-Filing)
☐ Facsimile

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

State-Specific Notes

Distinction from Direct Appeal:
A motion under K.S.A. § 22-3504 is not a substitute for a direct appeal. It is limited to correcting sentences that are illegal on their face. Issues of trial error, sufficiency of evidence, or constitutional violations must be raised on direct appeal or through K.S.A. § 60-1507 proceedings.

Narrow Definition of "Illegal Sentence":
Kansas courts have construed "illegal sentence" very narrowly under § 22-3504. It encompasses only three categories: (1) sentences imposed without jurisdiction; (2) sentences that do not conform to statutory provisions in character or punishment; and (3) ambiguous sentences. Claims that a sentence is unconstitutional do not qualify.

Criminal History Score Challenges:
The Kansas Supreme Court has held that challenges to the classification of prior convictions and the resulting criminal history score can be raised as illegal-sentence claims under § 22-3504 at any time. This is one of the most common bases for relief under this statute.

Kansas Sentencing Guidelines:
Kansas uses a mandatory sentencing guidelines system. The presumptive sentence is determined by the intersection of the offense severity level and the criminal history category on the sentencing grid. Departures require substantial and compelling reasons.

Post-Conviction Relief Under K.S.A. § 60-1507:
For claims based on constitutional violations, ineffective assistance of counsel, or other grounds beyond the narrow scope of § 22-3504, defendants must file a K.S.A. § 60-1507 motion within one year of the final order of the last appellate court.

Retroactive Sentencing Changes:
Kansas has amended its sentencing guidelines periodically. Defendants should evaluate whether any retroactive changes to the sentencing grid, criminal history scoring, or drug-offense sentencing provisions may apply to their case. K.S.A. § 21-6820 specifically provides for drug offense sentence modification.

Right to Hearing:
Unless the motion and the files and records conclusively show the defendant is entitled to no relief, the defendant has a right to a hearing, to be personally present, and to have the assistance of counsel.