Motion to Reconsider Sentence

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 failed to adequately consider the sentencing guidelines under Art. 894.1. The Court did not sufficiently articulate its consideration of the factors set forth in La. C.Cr.P. Art. 894.1, including:

• ☐ Whether there is an undue risk defendant will commit another crime during probation
• ☐ Whether the defendant is in need of correctional treatment best provided by commitment
• ☐ Whether a lesser sentence would deprecate the seriousness of the offense

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

☐ D. The sentence is disproportionate to sentences in comparable cases. A review of sentences imposed for similar offenses in the [________________________________] Judicial District and statewide reveals the sentence is significantly more severe.

☐ 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(B), there is no time limit after commencement of execution of sentence.

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 character and attitudes of the Defendant indicate that the Defendant is unlikely to commit another crime.
☐ 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: [________________________________]

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:

☐ 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 - Sets forth the factors the sentencing court must consider, including mitigating circumstances and the defendant's personal history.

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. Sepulvado, 367 So.2d 762 (La. 1979) - A sentence, even within statutory limits, may be excessive if it is grossly disproportionate to the severity of the crime or imposes needless and purposeless suffering.

5. State v. Dorthey, 623 So.2d 1276 (La. 1993) - A trial court may depart from mandatory minimum sentences where the minimum sentence would be constitutionally excessive.

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. 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

Critical Preservation Requirement: Under Art. 881.1(E), failure to file a motion to reconsider sentence or to include a specific ground precludes the defendant from raising that ground on appeal. This motion is essential to preserve appellate rights.

Oral Motion at Sentencing: The motion may be made orally at the time of sentencing. If made in writing, it must be filed within 30 days (felony) or at any time (misdemeanor).

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.

Hard Labor Designation: Louisiana is unique in designating sentences "at hard labor." The distinction affects parole eligibility and conditions of confinement.

Habitual Offender (La. R.S. 15:529.1): If the sentence was enhanced under the habitual offender law, reconsideration must address the enhanced sentencing range.

Dorthey Exception: Where a mandatory minimum sentence would be constitutionally excessive, the Court has discretion to impose a lesser sentence, but must articulate specific reasons.