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. Minnesota Practice Notes

Caption

STATE OF MINNESOTA
DISTRICT COURT
[________________________________] JUDICIAL DISTRICT
COUNTY OF [________________________________]

MOTION TO CORRECT OR MODIFY SENTENCE

Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, respectfully moves this Court pursuant to Minnesota Rules of Criminal Procedure, Rule 27.03, subdivision 9, and/or Minnesota Statutes Section 590.01, to correct or 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 [found guilty by jury verdict / found guilty by bench trial / entered a plea of guilty / entered a plea pursuant to Alford] of the following offense(s):

2. The Defendant's criminal history score at sentencing was: [____]

3. The presumptive sentence under the Minnesota Sentencing Guidelines was:

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

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

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

5. ☐ The sentence was a Guidelines sentence (within the presumptive range).
   ☐ The sentence was a departure from the Guidelines.
   ☐ The sentence was stayed pending successful completion of probation.

Grounds for Reconsideration

The Defendant moves for correction or modification of the sentence on the following grounds:

☐ A. The sentence is unauthorized by law. Under Rule 27.03, subd. 9, the sentence is contrary to an applicable statute because: [________________________________]

☐ B. The sentence constitutes a departure from the Sentencing Guidelines without adequate justification. The Court departed from the presumptive Guidelines sentence without stating substantial and compelling reasons on the record.

☐ C. The Court relied on inaccurate criminal history information. The Defendant's criminal history score was incorrectly calculated because: [________________________________]

☐ D. The sentence is disproportionate. The sentence is disproportionate to the offense and is unduly harsh in comparison with sentences imposed on similarly situated defendants.

☐ E. New information warrants modification. Since sentencing, the following material information has become available: [________________________________]

☐ F. The Defendant has demonstrated substantial rehabilitation warranting sentence modification. See Rehabilitation Evidence below.

☐ G. Changed circumstances. The Defendant's circumstances have materially changed since sentencing: [________________________________]

☐ H. Other grounds: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

☐ Rule 27.03, subd. 9 — Unauthorized sentence: No time limitation applies. A motion to correct a sentence that is unauthorized by law may be raised at any time.
☐ Minn. Stat. Section 590.01 — Postconviction relief: This petition is filed within 2 years of the entry of judgment of conviction or sentence on [__/__/____].
☐ Exception to the 2-year limit applies because: [________________________________]

This motion is filed on [__/__/____].

Mitigating Factors

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

☐ Limited or no prior criminal history (criminal history score of [____]).
☐ The offense was committed under circumstances unlikely to recur.
☐ Defendant played a minor or passive role in the offense.
☐ Defendant acted under provocation or duress.
☐ Mental health conditions: [________________________________]
☐ Substance use disorder and treatment: [________________________________]
☐ Age at the time of the offense: [____]
☐ Primary caregiver for dependents: [________________________________]
☐ Stable employment: [________________________________]
☐ Community and family support: [________________________________]
☐ Genuine remorse and acceptance of responsibility.
☐ Cooperation with law enforcement.
☐ Victim was not seriously harmed.
☐ 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 involvement: [________________________________]
☐ Mental health treatment: [________________________________]
☐ Letters of support: [________________________________]
☐ Compliance with all conditions of probation/supervision.
☐ Clean disciplinary record during incarceration.
☐ Participation in cognitive behavioral or restorative justice programs: [________________________________]
☐ Other: [________________________________]

Proposed Sentence Modification

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

☐ Correct the sentence to conform to the presumptive Guidelines sentence of [________________________________].
☐ Reduce the executed sentence from [________________________________] to [________________________________].
☐ Stay execution of the sentence and place the Defendant on probation for [________________________________] (downward dispositional departure).
☐ Reduce the durational departure from [________________________________] to [________________________________].
☐ Modify from consecutive to concurrent sentencing.
☐ Recalculate the criminal history score from [____] to [____] and resentence accordingly.
☐ Reduce the fine/surcharge from $[____________] to $[____________].
☐ Modify conditions of probation: [________________________________]
☐ Other modification: [________________________________]

Legal Authority

1. Minn. R. Crim. P. 27.03, subd. 9 - The court may at any time correct a sentence not authorized by law.

2. Minn. Stat. Section 590.01 - Provides postconviction relief where the sentence imposed was not authorized by law, was imposed without jurisdiction, or was in violation of constitutional protections.

3. Minnesota Sentencing Guidelines, Section 2.D - Establishes the procedures and standards for departures from the presumptive sentence.

4. State v. Kindem, 313 N.W.2d 6 (Minn. 1981) - A sentencing court has broad discretion in determining the sentence, but must exercise that discretion within the confines of the law and the Sentencing Guidelines.

5. State v. Hicks, 864 N.W.2d 153 (Minn. 2015) - Sentences imposed under an incorrect criminal history score are unauthorized by law and may be corrected at any time under Rule 27.03, subd. 9.

6. [________________________________]

Proposed Order

ORDER

The Court, having considered the Defendant's Motion to Correct or Modify Sentence, the Sentencing Guidelines, the arguments of counsel, and the record:

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

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

[________________________________]

☐ DENIED.

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

Dated: [__/__/____]

___________________________________________
JUDGE, [________________________________] JUDICIAL DISTRICT

Certificate of Service

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

[COUNTY ATTORNEY / ASSISTANT COUNTY ATTORNEY NAME]
[________________________________] County Attorney's Office
[________________________________]
[________________________________]

☐ By hand delivery
☐ By U.S. Mail, postage prepaid
☐ By e-filing (Minnesota e-Courts / Odyssey)
☐ By facsimile to [________________________________]

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

Minnesota Practice Notes

Sentencing Guidelines: Minnesota uses structured Sentencing Guidelines. The presumptive sentence is determined by the offense severity level and the defendant's criminal history score. Departure arguments must reference the Guidelines and articulate "substantial and compelling" reasons.

Rule 27.03, subd. 9 — No Time Bar: A motion to correct a sentence unauthorized by law may be filed at any time, with no limitation on successive motions. However, the scope is narrow — it applies only to sentences that are "contrary to an applicable statute."

Postconviction — 2-Year Deadline: Petitions under Minn. Stat. 590.01 generally must be filed within 2 years. Exceptions exist for newly discovered evidence, new legal interpretations, and interests of justice.

Stayed vs. Executed Sentences: In Minnesota, many felony sentences are "stayed" (suspended) with probation. A stayed sentence can be executed upon a probation violation under Minn. Stat. 609.14. If the sentence was stayed, consider whether the motion should address the stay conditions.

No Increase on Resentencing: Under Minn. R. Crim. P. 28.05, subd. 2(6), a sentence imposed after a successful appeal or postconviction motion cannot exceed the original sentence.

Criminal History Score: Errors in the criminal history score are among the most common bases for sentence correction. Verify the score against the Sentencing Guidelines worksheet.

County Attorney as Prosecutor: In Minnesota, county attorneys (not district attorneys) handle criminal prosecutions. Serve the motion on the appropriate county attorney's office.