Motion to Reconsider Sentence

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Correction
5. Mitigating Factors
6. Rehabilitation Evidence
7. Proposed Modified Sentence
8. Legal Authority
9. Proposed Order
10. Certificate of Service
11. State-Specific Notes

Caption

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

Motion Header

DEFENDANT'S MOTION TO CORRECT INVALID SENTENCE PURSUANT TO MCR 6.429

NOW COMES the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and pursuant to Michigan Court Rule 6.429, respectfully moves this Honorable Court to correct the sentence imposed on [__/__/____] on the ground that it is invalid, and in support thereof states:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. MDOC Number (if applicable): [________________________________]

3. Date of Sentencing: [__/__/____]

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Plea or Verdict: ☐ Guilty Plea ☐ No Contest ☐ Jury Verdict ☐ Bench Trial

7. Sentencing Guidelines Information:

• Prior Record Variable Score: [____]
• Offense Variable Score: [____]
• Guidelines Minimum Range: [________________________________]
• Guidelines Maximum Range: [________________________________]

8. Sentence Imposed: [________________________________]

9. Sentence Relative to Guidelines: ☐ Within guidelines ☐ Departure above guidelines ☐ Departure below guidelines

10. Appeal Status: [________________________________]

11. Date of Entry of Judgment of Sentence: [__/__/____]

Grounds for Correction

Defendant respectfully requests correction of the sentence on the following grounds:

☐ A. Sentence Beyond Statutory Limits. The sentence exceeds the statutory maximum or minimum permitted by law: [________________________________]

☐ B. Constitutionally Impermissible Basis. The sentence was based on constitutionally impermissible grounds (e.g., race, religion, gender): [________________________________]

☐ C. Improper Assumptions of Guilt. The sentence was based on improper assumptions regarding unproven conduct: [________________________________]

☐ D. Misconception of Law. The sentence was based on a misconception of law: [________________________________]

☐ E. Local Sentencing Policy. The sentence conforms to a local sentencing policy rather than individualized facts: [________________________________]

☐ F. Sentencing Guidelines Error. The sentencing guidelines were incorrectly scored, resulting in an inaccurate guidelines range: [________________________________]

☐ G. New Information. Significant new information bears on the propriety of the sentence: [________________________________]

☐ H. Changed Circumstances. Material changes in circumstances warrant modification: [________________________________]

☐ I. Cooperation with Authorities. Defendant has provided substantial cooperation with law enforcement: [________________________________]

☐ J. Disproportionate Sentence. The sentence is disproportionate to the offense and offender: [________________________________]

Mitigating Factors

The following mitigating factors support correction of the sentence:

☐ Defendant's age at the time of the offense: [________________________________]

☐ Defendant's current age: [________________________________]

☐ Prior criminal history (or lack thereof): [________________________________]

☐ Role in the offense (minor/secondary participant): [________________________________]

☐ Mental health history: [________________________________]

☐ Substance abuse history and recovery: [________________________________]

☐ Impact on Defendant's dependents: [________________________________]

☐ Employment and work history: [________________________________]

☐ Military service: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant has achieved the following:

A. Programs Completed:

B. Employment and Vocational Training:

[________________________________]

C. Educational Achievements:

[________________________________]

D. Community Ties and Reentry Plan:

[________________________________]

E. Support Letters:

☐ Letters from family members (number attached: [____])

☐ Letters from community members (number attached: [____])

☐ Letters from institutional staff (number attached: [____])

☐ Letters from prospective employers (number attached: [____])

F. Disciplinary Record:

[________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court impose the following corrected sentence:

[________________________________]

Legal Authority

A. MCR 6.429 — Authorizes the court to correct an invalid sentence. The court must correct an invalid sentence on its own initiative within 6 months of entry. A defendant may file the motion before filing a timely claim of appeal.

B. MCR 6.429(B)(3) — If the defendant may only appeal by leave, the motion must be filed within the time for filing an application for leave to appeal under MCR 7.205(A)(2) — the later of 6 months after entry of judgment or 42 days after certain events tied to appellate counsel appointment.

C. People v. Lockridge, 498 Mich. 358 (2015) — Held that Michigan's sentencing guidelines are advisory, not mandatory, and sentences are reviewed for reasonableness.

D. People v. Posey (2023) — Clarified that portions of MCL 769.34(10) are unconstitutional and discussed appellate review of within-guidelines sentences.

E. MCL 769.25a — Provides resentencing procedures tied to retroactive Miller v. Alabama decisions for juvenile life-without-parole sentences.

F. Additional Authority:

[________________________________]

Proposed Order

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

ORDER ON DEFENDANT'S MOTION TO CORRECT INVALID SENTENCE

The Court, having considered Defendant's Motion to Correct Invalid Sentence, the People's response, and the record:

IT IS ORDERED that:

☐ The motion is GRANTED. The sentence imposed on [__/__/____] is corrected. Defendant is resentenced as follows: [________________________________]

☐ The motion is DENIED.

Date: [__/__/____]

_________________________________________
Hon. [________________________________]
Circuit Court Judge

Certificate of Service

I hereby certify that on [__/__/____], I served a true copy of the foregoing Motion to Correct Invalid Sentence on:

☐ Hand delivery
☐ United States Mail, first class, postage prepaid
☐ Electronic filing via [________________________________]

[________________________________] County Prosecutor's Office
[________________________________]
[________________________________]

Dated: [__/__/____]

_________________________________________
[________________________________]
Attorney for Defendant
P[____]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Filing Deadlines: The court must correct an invalid sentence sua sponte within 6 months of entry of the judgment of conviction. A defendant may file the motion before filing a timely claim of appeal. If the defendant may only appeal by leave, the motion must be filed within the later of 6 months after entry of judgment or 42 days after certain triggering events under MCR 7.205(A)(2).

Pending Appeals: If a claim of appeal has been filed, the motion may only be pursued through MCR 7.208(B) (postjudgment motions) or by Court of Appeals remand under MCR 7.211(C)(1).

Mailbox Rule: Pro se incarcerated filers benefit from the mailbox rule under MCR 1.112 — filings deposited in institutional mail on or before the deadline are deemed timely filed.

Distinction from Appeal: MCR 6.429 addresses correction of invalid sentences in the trial court. Appellate review of sentences is governed by MCL 769.34 and appellate court rules. After Lockridge, sentences are reviewed for proportionality and reasonableness.

Relationship to Post-Conviction Relief: If the defendant is no longer entitled to direct appeal, collateral relief may be sought under MCR 6.500 et seq. (motion for relief from judgment). The MCR 6.500 motion has its own procedural requirements and generally must show good cause for failure to raise the issue on direct appeal plus actual prejudice.

Retroactive Sentencing Changes: MCL 769.25a provides procedures for resentencing when the Michigan Supreme Court or U.S. Supreme Court finds a decision (e.g., Miller v. Alabama) applies retroactively. The prosecutor must provide a list of affected defendants within 30 days and file resentencing motions within 180 days.

Advisory Guidelines: After People v. Lockridge (2015), Michigan's sentencing guidelines are advisory. Sentences within the guidelines range are presumptively proportionate. Departures require a statement of substantial and compelling reasons on the record.