Motion to Reconsider Sentence - Kentucky

TABLE OF CONTENTS

1. Caption
2. Original Sentence Summary
3. Grounds for Reconsideration
4. Filing Deadline Compliance
5. Mitigating Factors
6. Rehabilitation Evidence
7. Proposed Sentence Modification
8. Legal Authority
9. Proposed Order
10. Certificate of Service
11. Kentucky Practice Notes

Caption

IN THE [________________________________] CIRCUIT COURT
[________________________________] COUNTY, KENTUCKY

MOTION TO RECONSIDER SENTENCE

Before you use this: Identify an applicable source of authority and request only the relief it permits. KRS 439.265 provides a conditional route to suspend further execution of an eligible felony sentence and place the defendant on probation; it does not authorize every modification listed below.

Comes now the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to [SELECT: KRS 439.265 / OTHER SPECIFIC AUTHORITY: ________________________________], respectfully moves this Honorable Court to reconsider the sentence imposed on [DATE OF SENTENCING: __/__/____], and in support thereof states as follows:

Original Sentence Summary

1. On [DATE OF PLEA/VERDICT: __/__/____], the Defendant was [convicted by jury verdict / entered a plea of guilty / entered an Alford plea / was found guilty by bench trial] of the following offense(s):

2. On [DATE OF SENTENCING: __/__/____], this Court imposed the following sentence:

• [________________________________]
• [________________________________]
• [________________________________]

3. The sentence was ordered to run [concurrently / consecutively] for a total effective sentence of [________________________________].

Grounds for Reconsideration

The Defendant respectfully requests that this Court reconsider the sentence imposed on the following grounds:

☐ A. The circumstances support the relief requested under the selected authority. The nature of the offense, the Defendant's history, and the information below support [SHOCK PROBATION UNDER KRS 439.265 / OTHER SPECIFIED RELIEF]. Explain: [________________________________].

☐ B. The Court did not fully consider relevant mitigating circumstances. At the time of sentencing, information material to the Defendant's circumstances was not adequately presented or considered.

☐ C. New information has become available since sentencing. Since the date of sentencing, new information has come to light that bears on the appropriate sentence, including:

• [________________________________]

☐ D. The sentence is excessive in light of sentences imposed in comparable cases. A review of similarly situated defendants in [________________________________] County reveals that the sentence imposed here is significantly more severe.

☐ E. Legal or factual error affected the sentence. The Court relied on [inaccurate information / improper legal standard / miscalculated sentencing range] in imposing the sentence.

☐ F. Other grounds: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

☐ Under KRS 439.265(1), it is filed no earlier than 30 days and no later than 180 days after the custody event specified there, and Defendant is eligible under that section.
☐ Under [OTHER SPECIFIC AUTHORITY: ________________________________], the applicable filing period is [________________] from [TRIGGER: ________________________________].

The sentence was imposed on [__/__/____]. Defendant was incarcerated in county jail following conviction and sentencing pending delivery, or delivered to the keeper of the sentenced institution, on [__/__/____]. This motion is filed on [__/__/____].

Mitigating Factors

The Defendant respectfully asks the Court to consider the following mitigating factors:

☐ Defendant has no prior criminal history or minimal criminal record.
☐ Defendant's role in the offense was minor or peripheral.
☐ The offense was committed under unusual circumstances unlikely to recur.
☐ Defendant has a history of mental health issues: [________________________________]
☐ Defendant has a history of substance abuse and is seeking treatment: [________________________________]
☐ Defendant is the primary caregiver for dependents: [________________________________]
☐ Defendant's age at the time of the offense: [____]
☐ Defendant has demonstrated genuine remorse and acceptance of responsibility.
☐ Defendant has made or is making restitution to the victim(s).
☐ Employment or educational circumstances: [________________________________]
☐ Medical condition(s): [________________________________]
☐ Military service: [________________________________]
☐ Other: [________________________________]

Rehabilitation Evidence

The Defendant submits the following evidence of rehabilitation efforts:

☐ Completion of or enrollment in substance abuse treatment program: [________________________________]
☐ Completion of or enrollment in educational program(s): [________________________________]
☐ Completion of or enrollment in vocational training: [________________________________]
☐ Consistent employment record: [________________________________]
☐ Participation in community service: [________________________________]
☐ Participation in counseling or mental health treatment: [________________________________]
☐ Letters of support from [family / employer / community members / treatment providers]: [________________________________]
☐ Clean disciplinary record while incarcerated or on supervision.
☐ Other rehabilitation evidence: [________________________________]

Proposed Sentence Modification

The Defendant respectfully requests that this Court modify the sentence as follows:

☐ Under KRS 439.265, suspend further execution of the eligible sentence and place the Defendant on probation on the following proposed terms: [________________________________].
☐ Under [OTHER SPECIFIC AUTHORITY: ________________________________], grant the following different relief that authority permits: [________________________________]. Explain why this authority applies after sentencing: [________________________________].

Legal Authority

This motion is supported by the following legal authority:

1. KRS 439.265(1), if selected - Permits the circuit court, on a timely motion by an eligible defendant, to suspend further execution of the sentence and place the defendant on probation. The exclusions in KRS 439.265 must be checked for this defendant.

2. Other authority, if selected: [CITE AND EXPLAIN THE EXACT SOURCE OF SENTENCE-RELIEF AUTHORITY: ________________________________].

3. KRS 532.060(2) - Provides the ordinary authorized maximum terms of imprisonment for Class A through D felonies, unless another law provides otherwise. It does not itself authorize reopening a final sentence.

4. KRS 532.080(5), (7) - Limits shock-probation eligibility for persistent felony offenders; check the applicable degree and the narrow Class D exception before requesting relief. It does not itself authorize reopening a final sentence.

5. [________________________________]

Proposed Order

ORDER

The Court, having considered the Defendant's Motion to Reconsider Sentence, the arguments of counsel, and the record herein, and being otherwise sufficiently advised:

IT IS HEREBY ORDERED that the Defendant's Motion to Reconsider Sentence is:

☐ GRANTED. The sentence previously imposed on [__/__/____] is hereby modified as follows:

[________________________________]

☐ DENIED.

☐ SET FOR HEARING on [__/__/____] at [____] [a.m./p.m.].

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

___________________________________________
JUDGE, [________________________________] CIRCUIT COURT

Certificate of Service

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

[COMMONWEALTH'S ATTORNEY NAME]
Commonwealth's Attorney
[________________________________]
[________________________________]
[________________________________]

☐ By hand delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing (eFiling)
☐ By facsimile to [________________________________]

___________________________________________
[ATTORNEY NAME]
[BAR NUMBER]
Attorney for Defendant
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Kentucky Practice Notes

Shock probation: KRS 439.265(1) uses a 30-to-180-day motion window measured from the custody event specified in that subsection. Subsections (4), (5), and (8) exclude violent offenders as defined in KRS 439.3401, listed convictions, and death sentences. Check them all before filing.

Hearing and ruling: Under KRS 439.265(2), the court must consider a qualifying motion within 60 days after filing and rule within 10 days after consideration. A hearing is within the trial court's discretion.

Persistent felony offenders: KRS 532.080(5) and (7) generally bar shock probation for second- and first-degree persistent felony offenders, respectively, subject to their stated Class D exceptions. Check every offense and the applicable exception before selecting KRS 439.265.