Motion to Reconsider Sentence - Louisiana

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. Louisiana Practice Notes

Caption

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________], LOUISIANA

MOTION TO RECONSIDER SENTENCE

NOW INTO COURT, through undersigned counsel, comes the Defendant, [DEFENDANT FULL NAME], who respectfully moves this Honorable Court, pursuant to Louisiana Code of Criminal Procedure Article 881.1, to reconsider the sentence imposed on [DATE OF SENTENCING: __/__/____], and in support thereof represents as follows:

Original Sentence Summary

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

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

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

3. The statutory sentencing range for the offense(s) of conviction is:

• Count [____]: [________________________________]
• Count [____]: [________________________________]

4. The total effective sentence imposed is [________________________________].

Grounds for Reconsideration

The Defendant respectfully moves this Court to reconsider the sentence on the following specific grounds:

☐ A. The sentence is constitutionally excessive. The sentence imposed is grossly disproportionate to the severity of the offense and constitutes cruel and unusual punishment in violation of La. Const. Art. I, Sec. 20.

☐ B. The Court did not state the considerations and factual basis for this sentence as required by Art. 894.1(C). The missing explanation is: [________________________________].

☐ C. The sentence does not adequately account for mitigating circumstances. Specifically: [________________________________]

☐ D. Comparable sentences support reconsideration. The attached decisions or records from comparable cases show [SPECIFIC COMPARISON AND CITATIONS].

☐ E. Changed circumstances since sentencing warrant modification. Since sentencing, the following material changes have occurred: [________________________________]

☐ F. The sentence was based on inaccurate or incomplete information. Specifically: [________________________________]

☐ G. Other specific grounds: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

☐ Felony case: This motion is filed within 30 days of the imposition of sentence on [__/__/____].
☐ Felony case (extended period): At sentencing, the Court set a filing period of [____] days, and this motion is filed within that period.
☐ Misdemeanor case: Under Art. 881.1(A)(2), this motion is filed after commencement or execution of the sentence; that paragraph permits a defendant to file at any time after that event.

This motion is filed on [__/__/____], which is [____] days after sentencing.

Mitigating Factors

The Defendant asks this Court to consider the following mitigating factors pursuant to La. C.Cr.P. Art. 894.1:

☐ The Defendant's criminal conduct did not cause or threaten serious harm.
☐ The Defendant did not contemplate that the conduct would cause or threaten serious harm.
☐ The Defendant acted under strong provocation.
☐ There were substantial grounds tending to excuse or justify the Defendant's conduct.
☐ The victim induced or facilitated the offense.
☐ The Defendant has compensated or will compensate the victim.
☐ The Defendant has no history of prior delinquency or criminal activity.
☐ The Defendant's criminal conduct was the result of circumstances unlikely to recur.
☐ The Defendant is likely to respond affirmatively to probationary treatment.
☐ Imprisonment would entail excessive hardship to the Defendant or dependents: [________________________________]
☐ Defendant's age at the time of offense: [____]
☐ Mental health history: [________________________________]
☐ Substance abuse history and treatment: [________________________________]
☐ Family responsibilities: [________________________________]
☐ Employment history: [________________________________]
☐ Military service: [________________________________]
☐ If relevant, the defendant was pregnant at sentencing and an alternative sentence involving community supervision and prenatal, maternal-health, or substance-use treatment is appropriate under Art. 894.1(B)(33): [________________________________]
☐ If relevant, the defendant was a victim of abuse, trafficking, or sexual assault with the causal and temporal connection to the offense described in Art. 894.1(B)(34): [________________________________]

Rehabilitation Evidence

The Defendant submits the following evidence of rehabilitation:

☐ Completion of or enrollment in substance abuse treatment: [________________________________]
☐ Completion of or enrollment in educational programs: [________________________________]
☐ Completion of or enrollment in vocational training: [________________________________]
☐ Employment or employment prospects: [________________________________]
☐ Community service or volunteer work: [________________________________]
☐ Counseling or mental health treatment: [________________________________]
☐ Letters of support: [________________________________]
☐ Clean institutional record: [________________________________]
☐ Other: [________________________________]

Proposed Sentence Modification

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

Select only relief authorized for the offense, sentence, and any applicable enhancement.

☐ Reduce the term of imprisonment from [________________________________] to [________________________________].
☐ Remove the designation of "hard labor."
☐ Suspend the sentence and place the Defendant on supervised probation for [________________________________].
☐ Modify from consecutive to concurrent sentencing, for an effective sentence of [________________________________].
☐ Reduce the fine from $[____________] to $[____________].
☐ Modify special conditions of sentence as follows: [________________________________]
☐ Other: [________________________________]

Legal Authority

1. La. C.Cr.P. Art. 881.1 - Expressly provides for a motion to reconsider sentence in both felony and misdemeanor cases.

2. La. C.Cr.P. Art. 894.1 - Identifies sentencing considerations and requires the court to state the considerations and factual basis for the sentence on the record.

3. La. Const. Art. I, Sec. 20 - Prohibits excessive punishment, providing that no law shall subject any person to cruel, excessive, or unusual punishment.

4. State v. Lindsey, 770 So. 2d 339 (La. 2000) - The Louisiana Supreme Court confirms that a sentence within statutory limits can still be excessive under Article I, § 20.

5. Habitual offender minimums: Lindsey explains that a departure from a minimum under the Habitual Offender Law requires clear and convincing evidence overcoming the presumption of constitutionality and is reserved for rare situations. Plead the case-specific facts if this ground applies.

6. [________________________________]

Proposed Order

ORDER

Considering the Defendant's Motion to Reconsider Sentence filed pursuant to La. C.Cr.P. Art. 881.1, the record, the arguments of counsel, and the law applicable hereto:

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

☐ GRANTED after a contradictory hearing held on [__/__/____]. The sentence imposed on [__/__/____] is hereby modified as follows:

[________________________________]

☐ DENIED.

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

THUS DONE AND SIGNED in [________________________________], Louisiana, this [____] day of [____________], [________].

___________________________________________
JUDGE, [________________________________] JUDICIAL DISTRICT COURT

Certificate of Service

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

[DISTRICT ATTORNEY NAME]
District Attorney, [________________________________] Judicial District
[________________________________]
[________________________________]

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

___________________________________________
[ATTORNEY NAME]
[LSBA Roll No.]
Attorney for Defendant
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Louisiana Practice Notes

Preservation: Under Art. 881.1(E), failure to move for reconsideration or to state a specific ground, including excessiveness, generally bars that objection on appeal or review. Article 881.2(A)(1) separately permits review of a sentence exceeding the authorized statutory maximum.

Timing: The motion may be made orally at sentencing. A felony motion filed later is due within 30 days after sentencing unless the court set a longer period at sentencing. A defendant's misdemeanor motion may be filed at any time following commencement or execution of the sentence. See Art. 881.1(A)-(B).

Art. 894.1 Compliance: The Court must state for the record the considerations taken into account and the factual basis for sentencing. If the Court fails to adequately comply, this may be a basis for reconsideration.

Habitual offender sentence: If the sentence was imposed under the Habitual Offender Law, identify the enhancement and support any constitutional challenge with case-specific facts under Lindsey. A downward departure from its minimum is exceptional.