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. Maryland Practice Notes

Caption

IN THE [CIRCUIT COURT / DISTRICT COURT] FOR [________________________________]
[________________________________] COUNTY / BALTIMORE CITY, MARYLAND

MOTION TO MODIFY SENTENCE

Comes now the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Maryland Rule 4-345(e), respectfully moves this Honorable Court to modify 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 / convicted by 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 sentence was ordered to run [concurrently / consecutively], for a total effective sentence of [________________________________].

4. The statutory maximum for the offense(s) is:

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

Grounds for Reconsideration

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

☐ A. The sentence is greater than necessary to serve the purposes of sentencing, including punishment, deterrence, incapacitation, and rehabilitation.

☐ B. Mitigating circumstances were not fully considered. Information relevant to the Defendant's background and circumstances was not adequately presented at the sentencing hearing. Specifically: [________________________________]

☐ C. New information is now available. Since sentencing, new information material to an appropriate sentence has become available: [________________________________]

☐ D. The sentence is disproportionate to similarly situated defendants. [________________________________]

☐ E. The Defendant has demonstrated significant rehabilitation since sentencing. See Rehabilitation Evidence below.

☐ F. Changed circumstances since sentencing. The Defendant's personal and family circumstances have materially changed: [________________________________]

☐ G. The sentence is illegal and should be corrected under Rule 4-345(b). Specifically: [________________________________]

☐ H. Other grounds: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

☐ Rule 4-345(e) — Modification: This motion is filed within 90 days of the date of sentencing on [__/__/____].
☐ Rule 4-345(b) — Illegal sentence: There is no time limit for correction of an illegal sentence.

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

Additionally, the five-year revisory power of the court has not expired. The sentence was originally imposed on [__/__/____], and fewer than five years have elapsed.

Mitigating Factors

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

☐ Limited or no prior criminal history.
☐ The Defendant played a minor role in the offense.
☐ The offense was an isolated incident unlikely to recur.
☐ Mental health conditions: [________________________________]
☐ Substance abuse disorder and treatment: [________________________________]
☐ Age at time of offense: [____]
☐ Primary caregiver for dependents: [________________________________]
☐ Employment and community ties: [________________________________]
☐ Educational background: [________________________________]
☐ Genuine remorse and acceptance of responsibility.
☐ Cooperation with law enforcement.
☐ Restitution paid or being paid.
☐ Medical conditions: [________________________________]
☐ Military service: [________________________________]
☐ Other: [________________________________]

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 involvement: [________________________________]
☐ Mental health treatment: [________________________________]
☐ Letters of support: [________________________________]
☐ Clean disciplinary record during incarceration.
☐ Participation in institutional programs: [________________________________]
☐ Other: [________________________________]

Proposed Sentence Modification

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

☐ Reduce the active term of incarceration from [________________________________] to [________________________________].
☐ Suspend additional time, changing suspended portion from [________________________________] to [________________________________].
☐ Place the Defendant on probation for [________________________________].
☐ Modify from consecutive to concurrent sentencing.
☐ Reduce the fine from $[____________] to $[____________].
☐ Modify conditions of probation/supervised release: [________________________________]
☐ Grant credit for time served: [________________________________]
☐ Other modification: [________________________________]

Legal Authority

1. Maryland Rule 4-345(e) - The court may modify, reduce, correct, or vacate a sentence imposed on a defendant who is convicted of a crime. The motion must be filed within 90 days, and the court may not revise the sentence after 5 years.

2. Maryland Rule 4-345(b) - The court may correct an illegal sentence at any time.

3. Maryland Rule 4-345(a) - The court may modify, reduce, correct, or vacate a sentence only on the record in open court, after hearing from the defendant, the State, and each victim or victim's representative who requests an opportunity to be heard.

4. State v. Schlick, 465 Md. 566 (2019) - The Court of Appeals clarified the scope of the revisory power under Rule 4-345.

5. Greco v. State, 347 Md. 423 (1997) - The court retains revisory power over a sentence for five years from the original date of sentencing.

6. [________________________________]

Proposed Order

ORDER

The Court, having considered the Defendant's Motion to Modify Sentence filed pursuant to Maryland Rule 4-345(e), the arguments of counsel, the statements of the Defendant, the State, and any victim(s), and the record in this matter:

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

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

[________________________________]

☐ DENIED.

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

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

___________________________________________
JUDGE, [CIRCUIT / DISTRICT] COURT FOR [________________________________]

Certificate of Service

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

[STATE'S ATTORNEY NAME]
Office of the State's Attorney for [________________________________]
[________________________________]
[________________________________]

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

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

Maryland Practice Notes

90-Day Filing Deadline: The motion must be filed within 90 days of sentencing. This deadline is jurisdictional and strictly enforced.

Five-Year Revisory Power: The court's authority to modify a sentence expires five years from the original sentencing date, regardless of when the motion was filed.

No Increase: Under Rule 4-345, the court cannot increase the Defendant's sentence on a motion for modification. The worst outcome is denial.

Open Court Requirement: Under Rule 4-345(a), the court may only modify a sentence on the record in open court, after hearing from the defendant, the State, and victims who request to be heard. Ensure a hearing is scheduled.

Victim Notification: Under Md. Code, Criminal Procedure Art. Section 11-104, victims must be notified of the motion and given an opportunity to be heard.

MDEC Filing: Maryland now uses the Maryland Electronic Courts (MDEC) system for filing. Verify that your county requires electronic filing.

Illegal Sentence Exception: A motion to correct an illegal sentence under Rule 4-345(b) is not subject to the 90-day or 5-year limitations. An "illegal sentence" is one not permitted by law, not merely one that the defendant considers excessive.

Justice Reinvestment Act (JRA): Maryland's Justice Reinvestment Act (2016) may affect sentencing ranges for certain offenses. Verify whether JRA provisions apply.