Motion to Reconsider Sentence - Mississippi

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. Mississippi Practice Notes

Caption

IN THE [CIRCUIT / COUNTY] COURT OF [________________________________] COUNTY
STATE OF MISSISSIPPI

MOTION TO RECONSIDER SENTENCE

Comes now the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to [SELECT AND VERIFY: MRCrP Rule 25.1 / Miss. Code Ann. Section 47-7-47 / the Court's authority during the term of court / other current authority], respectfully moves this Honorable Court to reconsider the sentence imposed on [DATE OF SENTENCING: __/__/____], and in support thereof would show unto the Court the following:

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 statutory sentencing range for the offense(s) is:

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

4. The total effective sentence imposed is [________________________________].

Grounds for Reconsideration

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

☐ A. The sentence is disproportionate to the offense. The sentence imposed is unduly harsh given the nature and circumstances of the offense and the Defendant's personal history.

☐ B. The Court did not adequately consider mitigating circumstances. Relevant mitigating information was not fully presented or considered at sentencing: [________________________________]

☐ C. The Defendant is eligible for earned probation under Section 47-7-47. The Defendant has been in the custody of the Mississippi Department of Corrections for at least 30 days and qualifies for earned probation consideration.

☐ D. New information has become available since sentencing. The following material information was not available at sentencing: [________________________________]

☐ E. The Defendant has demonstrated substantial rehabilitation. See Rehabilitation Evidence below.

☐ F. The sentence is illegal or was imposed in violation of law. Specifically: [________________________________]

☐ G. Changed circumstances warrant modification. [________________________________]

☐ H. Other grounds: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

☐ MRCrP Rule 25.1(c): Filed within 10 days after entry of judgment (which, for purposes of the Rule, includes both adjudication of guilt and sentence); the Court may grant a reasonable extension upon good cause shown.
☐ Term of court: Filed while the Court retains authority to modify the sentence — generally during the term of court in which the sentence was imposed (MRCrP Rule 1.4 cmt.; Creel v. State, 944 So. 2d 891 (Miss. 2006)).
☐ Miss. Code Ann. Section 47-7-47: Filed between 30 days and 3 years after the Defendant was delivered to the custody of the Mississippi Department of Corrections on [__/__/____].

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

Mitigating Factors

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

☐ Limited or no prior criminal history.
☐ The Defendant's role in the offense was minor or secondary.
☐ The offense was committed under unusual circumstances unlikely to recur.
☐ Mental health conditions: [________________________________]
☐ Substance abuse history and treatment: [________________________________]
☐ Age at the time of the offense: [____]
☐ Primary caregiver for dependents: [________________________________]
☐ Stable employment history: [________________________________]
☐ Community ties and support: [________________________________]
☐ Genuine remorse and acceptance of responsibility.
☐ Cooperation with law enforcement.
☐ Restitution paid or being paid to victim(s).
☐ 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 (GED, college courses): [________________________________]
☐ Completion of or enrollment in vocational training: [________________________________]
☐ Employment record or prospects: [________________________________]
☐ Community service or volunteer work: [________________________________]
☐ Mental health treatment: [________________________________]
☐ Letters of support from [family / employer / community / treatment providers]: [________________________________]
☐ Clean disciplinary record with MDOC: [________________________________]
☐ Participation in MDOC programming (RAMP, Thinking for a Change, etc.): [________________________________]
☐ Other: [________________________________]

Proposed Sentence Modification

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

☐ Reduce the term of imprisonment from [________________________________] to [________________________________].
☐ Suspend the remaining sentence and place the Defendant on earned probation under Section 47-7-47 for [________________________________].
☐ Place the Defendant in the Intensive Supervision Program (ISP).
☐ Place the Defendant in an intervention court authorized by law (Drug Court / Mental Health Court / Veterans Court).
☐ Modify from consecutive to concurrent sentencing.
☐ Reduce the fine from $[____________] to $[____________].
☐ Modify conditions of supervision: [________________________________]
☐ Other modification: [________________________________]

Legal Authority

1. Miss. Code Ann. Section 47-7-47 - Authorizes the circuit or county court to modify, alter, or suspend the further execution of a sentence and place the defendant on earned probation, in an intensive supervision program, or in an intervention court, upon its own motion or upon a motion from the defendant, with the advice and consent of the MDOC Commissioner, not earlier than 30 days nor later than 3 years after delivery to MDOC custody.

2. MRCrP Rule 25.1 - Governs post-trial motions for a new trial in criminal cases; a motion under this Rule (which reaches the judgment, including sentence) must be filed within 10 days after entry of judgment, subject to a reasonable extension for good cause (Rule 25.1(c)). A trial court's authority to modify, alter, or vacate a sentence otherwise ends with the term of court in which the sentence was imposed, except as provided by law (MRCrP Rule 1.4 cmt.; Creel v. State, 944 So. 2d 891 (Miss. 2006)). The Mississippi Rules of Criminal Procedure (eff. July 1, 2017) superseded the former Uniform Rules of Circuit and County Court.

3. Solem v. Helm, 463 U.S. 277 (1983) - A criminal sentence must be proportionate to the crime for which the defendant has been convicted.

4. Miss. Const. Art. 3, Section 28 - Prohibits cruel or unusual punishment.

5. [________________________________]

Proposed Order

ORDER

The Court, having considered the Defendant's Motion to Reconsider Sentence, the record, the arguments of counsel, [and the advice and consent of the Mississippi Department of Corrections Commissioner]:

IT IS HEREBY ORDERED that the Defendant's Motion to Reconsider 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 / COUNTY] 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, [________________________________] District
[________________________________]
[________________________________]

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

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

Mississippi Practice Notes

Earned Probation (Section 47-7-47): This is the primary vehicle for sentence modification in Mississippi. The court may act between 30 days and 3 years after delivery to MDOC custody. The MDOC Commissioner's advice and consent is required.

Eligibility Exclusions for Earned Probation: Section 47-7-47 does NOT apply when: (1) death or life imprisonment is the maximum penalty; (2) the defendant has two or more prior felony confinements; (3) the defendant was convicted of a felony involving a deadly weapon; or (4) the offense carries a mandatory sentence.

MDOC Notification: When the court grants earned probation, it must notify MDOC within 15 days, delivered to both the central office and the regional office.

10-Day MRCrP Rule 25.1 Deadline: For immediate post-judgment relief, a motion for a new trial under MRCrP Rule 25.1 must be filed within 10 days after entry of judgment (which includes both the adjudication of guilt and the sentence). This is the tightest deadline. Note that a trial court's power to reconsider or modify a sentence otherwise ends with the term of court in which the sentence was imposed, except as authorized by statute such as Section 47-7-47 (Creel v. State, 944 So. 2d 891 (Miss. 2006)).

Drug Courts and Intervention Courts: Mississippi has expanded intervention court options. A motion under Section 47-7-47 may request placement in Drug Court, Mental Health Court, or Veterans Court where available.

Expanded window: Section 47-7-47(2)(a) now allows the court to act "not earlier than thirty (30) days nor later than three (3) years" after delivery to MDOC custody — expanded from the former one-year outer limit — and authorizes the court to "modify, alter or suspend" the sentence and place the defendant on earned probation, in an intensive supervision program, or in an intervention court.