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

Comes now the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to [SELECT: RCr 10.02 / CR 59.05 / RCr 11.42], 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 sentence is disproportionate to the offense. The sentence imposed exceeds what is necessary to achieve the purposes of sentencing under KRS 532.010, including punishment, deterrence, and rehabilitation.

☐ 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:

☐ It is filed within 5 days of sentencing pursuant to RCr 10.02.
☐ It is filed within 10 days of entry of judgment pursuant to CR 59.05.
☐ It is filed within 3 years of when the conviction became final pursuant to RCr 11.42.

The sentence was imposed on [__/__/____], and this motion is filed on [__/__/____], which is [____] days after sentencing.

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:

☐ Reduce the term of incarceration from [________________________________] to [________________________________].
☐ Suspend the remaining term of incarceration and place the Defendant on probation for a period of [________________________________].
☐ Modify the sentence from consecutive to concurrent, for a total effective sentence of [________________________________].
☐ Reduce the fine from $[____________] to $[____________].
☐ Modify conditions of probation/supervision as follows: [________________________________]
☐ Grant credit for time served of [________________________________].
☐ Other modification: [________________________________]

Legal Authority

This motion is supported by the following legal authority:

1. RCr 10.02 - Provides that the court may grant a new trial or vacate a judgment for any cause that would justify the granting of a new trial, including reconsideration of the sentence imposed.

2. CR 59.05 - Authorizes the court to alter, amend, or vacate a judgment within 10 days of entry on the grounds of mistake, newly discovered evidence, fraud, or other reason of an extraordinary nature justifying relief.

3. RCr 11.42 - Permits a defendant to move the sentencing court to vacate, set aside, or correct a sentence that is subject to collateral attack.

4. KRS 532.010 - Sets forth the purposes of sentencing in Kentucky, including rehabilitation and the imposition of sentences proportionate to the nature and circumstances of the crime.

5. KRS 532.060 - 532.080 - Establishes the authorized ranges of sentences for various classes of felonies and misdemeanors.

6. [________________________________]

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

Filing Deadlines: Kentucky has strict time limits depending on the procedural vehicle. RCr 10.02 motions must be served within 5 days; CR 59.05 motions within 10 days; and RCr 11.42 motions within 3 years. Missing these deadlines is typically fatal to the motion.

No Standalone Rule: Kentucky does not have a specific "motion to reconsider sentence" rule. Practitioners must identify the correct procedural mechanism (RCr 10.02, CR 59.05, or RCr 11.42) based on the grounds and timing.

Shock Probation: Under KRS 439.265, a defendant sentenced to a term of imprisonment may apply for shock probation after serving a specified period (30 days for most offenses, 180 days for Class A or B felonies). This is a separate mechanism from reconsideration.

No Increase Risk: Kentucky courts generally cannot increase a sentence on a motion to reconsider, but counsel should verify current law on this point.

Hearing: Courts have discretion on whether to hold a hearing. A well-supported motion with attached exhibits is more likely to receive favorable consideration.

Persistent Felony Offender (PFO) Enhancements: If the original sentence included a PFO enhancement under KRS 532.080, any modification must account for the enhanced sentencing range.