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. Missouri Practice Notes

Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY
STATE OF MISSOURI

MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE

Comes now the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Missouri Supreme Court Rule [SELECT: 29.15 / 24.035 / 29.07(d)], respectfully moves this Court to [vacate, set aside, or correct / reduce] 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 after jury trial / convicted after bench trial / entered a plea of guilty] of the following offense(s):

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

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

3. The authorized sentencing range for the offense(s) is:

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

4. The total effective sentence is [________________________________].

Grounds for Reconsideration

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

☐ A. The sentence imposed was in excess of the maximum authorized by law under Mo. Rev. Stat. Section 558.011.

☐ B. The sentencing court was without jurisdiction to impose the sentence.

☐ C. The sentence was imposed in violation of the Defendant's constitutional rights. Specifically: [________________________________]

☐ D. Ineffective assistance of counsel at sentencing. Trial counsel's performance at sentencing fell below an objective standard of reasonableness because: [________________________________]

☐ E. The sentence is disproportionate to the offense and does not serve the purposes of the criminal justice system.

☐ F. Mitigating circumstances were not adequately considered. Specifically: [________________________________]

☐ G. New information has become available since sentencing. [________________________________]

☐ H. The sentence should be reduced. Under Rule 29.07(d), the Court should exercise its discretion to reduce the sentence because: [________________________________]

☐ I. Other grounds: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

If proceeding under Rule 29.15 (conviction after trial):
☐ No appeal was taken, and this motion is filed within 180 days of the date the sentence was entered on [__/__/____].
☐ An appeal was taken, and this motion is filed within 90 days of the appellate court mandate issued on [__/__/____].

If proceeding under Rule 24.035 (guilty plea):
☐ No appeal was taken, and this motion is filed within 180 days of the date the sentence was entered on [__/__/____].
☐ An appeal was taken, and this motion is filed within 90 days of the appellate court mandate issued on [__/__/____].

If proceeding under Rule 29.07(d) (motion to reduce):
☐ This motion is filed within 120 days of the date of sentencing on [__/__/____].

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

Mitigating Factors

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

☐ Limited or no prior criminal history.
☐ The Defendant's role in the offense was minor.
☐ The offense was committed under circumstances unlikely to recur.
☐ Mental health history: [________________________________]
☐ Substance abuse and treatment history: [________________________________]
☐ Age at the time of the offense: [____]
☐ Primary caregiver for dependents: [________________________________]
☐ Stable employment: [________________________________]
☐ Community ties: [________________________________]
☐ Educational background: [________________________________]
☐ Genuine remorse and acceptance of responsibility.
☐ Cooperation with law enforcement.
☐ Restitution paid or being made.
☐ 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 record or prospects: [________________________________]
☐ Community involvement: [________________________________]
☐ Mental health treatment: [________________________________]
☐ Letters of support: [________________________________]
☐ Clean disciplinary record during incarceration (MODOC records): [________________________________]
☐ Participation in prison programming: [________________________________]
☐ Other: [________________________________]

Proposed Sentence Modification

The Defendant respectfully requests that this Court:

☐ Vacate the sentence and resentence the Defendant to [________________________________].
☐ Reduce the sentence from [________________________________] to [________________________________].
☐ Modify the sentence to a Suspended Execution of Sentence (SES) with probation for [________________________________].
☐ Modify the sentence to a Suspended Imposition of Sentence (SIS) with probation for [________________________________].
☐ Modify from consecutive to concurrent sentencing.
☐ Reduce the fine from $[____________] to $[____________].
☐ Correct the sentence to conform to the statutory maximum.
☐ Modify conditions of probation: [________________________________]
☐ Other: [________________________________]

Legal Authority

1. Mo. Sup. Ct. Rule 29.15 - A person convicted of a felony after trial may seek relief claiming the conviction or sentence violates the Constitution or laws of Missouri or the United States, including claims of ineffective assistance of counsel, lack of jurisdiction, or sentence in excess of the maximum authorized by law.

2. Mo. Sup. Ct. Rule 24.035 - A person convicted by plea of guilty who claims the sentence imposed violates the Constitution or laws may seek relief in the sentencing court.

3. Mo. Sup. Ct. Rule 29.07(d) - The court may reduce a sentence within 120 days after sentence is imposed.

4. Mo. Rev. Stat. Section 558.011 - Establishes the authorized terms of imprisonment for each class of felony and misdemeanor.

5. State v. Whitfield, 107 S.W.3d 253 (Mo. banc 2003) - Addressing the scope of post-conviction relief and sentencing challenges.

6. [________________________________]

Proposed Order

ORDER

The Court, having considered the Defendant's Motion, the record, the files and pleadings in this case, and the arguments of counsel:

IT IS HEREBY ORDERED that the Defendant's Motion is:

☐ GRANTED. The sentence imposed on [__/__/____] is hereby [vacated and the Defendant is resentenced / reduced / modified] as follows:

[________________________________]

☐ DENIED.

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

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

___________________________________________
JUDGE, CIRCUIT COURT OF [________________________________] COUNTY

Certificate of Service

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

[PROSECUTING ATTORNEY NAME]
Prosecuting Attorney, [________________________________] County
[________________________________]
[________________________________]

☐ By hand delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing (Show-Me Courts)
☐ By facsimile to [________________________________]

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

Missouri Practice Notes

Strict Deadlines — Complete Waiver: Failure to file within the time limits of Rule 29.15 or Rule 24.035 constitutes a COMPLETE WAIVER of all claims. These deadlines are not subject to equitable tolling.

Form No. 40: Rule 29.15 motions should be substantially in the form of Criminal Procedure Form No. 40, available from the Missouri Courts website.

Appointed Counsel: If the movant is indigent, the court shall appoint counsel. Appointed counsel then has a specified period to file an amended motion.

Rule 29.07(d) — 120-Day Window: This is the narrowest vehicle — the court may reduce a sentence within 120 days of sentencing. No specific grounds are required; the court exercises broad discretion.

SIS vs. SES: Missouri distinguishes between Suspended Imposition of Sentence (SIS, no conviction entered if probation completed) and Suspended Execution of Sentence (SES, conviction remains but execution suspended). Consider requesting modification to SIS where eligible.

Prosecuting Attorney (Not DA): In Missouri, the local prosecutor is the "Prosecuting Attorney" (county level) or "Circuit Attorney" (St. Louis City). Serve the correct office.

Prior and Persistent Offender: If the sentence was enhanced under Mo. Rev. Stat. Section 558.016 (prior and persistent offender), any modification must account for the enhanced range.

No Cost Deposit: Rule 29.15 specifically provides that no cost deposit is required for filing the motion.