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. Montana Practice Notes

Caption

MONTANA [________________________________] JUDICIAL DISTRICT COURT
[________________________________] COUNTY

MOTION FOR REVIEW AND MODIFICATION OF SENTENCE

Comes now the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Montana Code Annotated Section 46-18-115, respectfully moves this Court to review and 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 statutory sentencing range for the offense(s) is:

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

4. The total effective sentence is [________________________________].

Grounds for Reconsideration

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

☐ A. The sentence is excessive. The sentence imposed exceeds what is necessary to achieve the legitimate purposes of sentencing under MCA 46-18-101, including punishment, deterrence, public protection, and rehabilitation.

☐ B. Mitigating circumstances were not fully considered. Relevant information was not adequately presented or weighed at sentencing: [________________________________]

☐ C. The sentence should be deferred or suspended. The Defendant is a suitable candidate for a deferred or suspended sentence with probation conditions because: [________________________________]

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

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

☐ F. The sentence is illegal. The sentence is not authorized by law because: [________________________________]

☐ G. Changed circumstances warrant modification. [________________________________]

☐ H. Other grounds: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

☐ MCA 46-18-115: This motion is filed within 1 year of the commencement of sentence on [__/__/____].
☐ MCA 46-21-101 (Postconviction): This petition is filed within 1 year of the date the conviction became final on [__/__/____].
☐ Illegal sentence: There is no time limit to challenge an illegal sentence.

This motion is filed on [__/__/____], which is [____] days after [commencement of sentence / finality of conviction].

Mitigating Factors

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

☐ Limited or no prior criminal history.
☐ The offense was committed under circumstances unlikely to recur.
☐ The Defendant played a minor role in the offense.
☐ The Defendant acted under duress, coercion, or provocation.
☐ Mental health conditions: [________________________________]
☐ Substance use disorder and treatment: [________________________________]
☐ Age at the time of the offense: [____]
☐ Primary caregiver for dependents: [________________________________]
☐ Employment and community ties: [________________________________]
☐ Genuine remorse and acceptance of responsibility.
☐ Cooperation with law enforcement.
☐ Restitution made to victim(s).
☐ Medical conditions: [________________________________]
☐ Military service: [________________________________]
☐ The Defendant is amenable to supervision and treatment.
☐ Other: [________________________________]

Rehabilitation Evidence

The Defendant submits the following evidence of rehabilitation:

☐ Completion of or enrollment in chemical dependency 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: [________________________________]
☐ Clean disciplinary record during incarceration (MDOC records).
☐ Participation in institutional programming: [________________________________]
☐ Completion of or enrollment in sex offender treatment (if applicable): [________________________________]
☐ Other: [________________________________]

Proposed Sentence Modification

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

☐ Reduce the term of commitment to Montana State Prison from [________________________________] to [________________________________].
☐ Suspend the sentence and place the Defendant on probation for [________________________________] under the following conditions: [________________________________]
☐ Defer imposition of sentence and place the Defendant on probation for [________________________________].
☐ Modify from consecutive to concurrent sentencing.
☐ Modify conditions of the deferred or suspended sentence: [________________________________]
☐ Reduce the fine from $[____________] to $[____________].
☐ Designate the Defendant to the Department of Corrections for placement rather than Montana State Prison.
☐ Other modification: [________________________________]

Legal Authority

1. MCA 46-18-115 - The sentencing judge retains authority to review and modify a sentence within one year of the commencement of the sentence.

2. MCA 46-18-101 - Sets forth the policy and purposes of sentencing in Montana, including punishment, protection of the public, deterrence, rehabilitation, and restitution.

3. MCA 46-18-201 - Establishes sentencing alternatives available to the court, including deferred imposition, suspended execution, and commitment to the Department of Corrections.

4. MCA 46-18-901 et seq. - Establishes the Sentence Review Division, a three-judge panel that reviews sentences of one year or more for equity.

5. State v. Ommundson, 1999 MT 16 - The district court has broad discretion in sentencing, subject to statutory limits and the purposes of sentencing under MCA 46-18-101.

6. [________________________________]

Proposed Order

ORDER

The Court, having considered the Defendant's Motion for Review and Modification of Sentence, the record, the Pre-Sentence Investigation Report, and the arguments of counsel:

IT IS HEREBY ORDERED that the Motion for Review and Modification of Sentence is:

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

[________________________________]

☐ DENIED.

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

DATED this [____] day of [____________], [________].

___________________________________________
DISTRICT JUDGE, [________________________________] JUDICIAL DISTRICT

Certificate of Service

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

[COUNTY ATTORNEY NAME]
[________________________________] County Attorney
[________________________________]
[________________________________]

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

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

Montana Practice Notes

Sentence Review Division: For sentences of 1 year or more of incarceration, Montana provides a unique Sentence Review Division — a three-judge panel appointed by the Chief Justice of the Montana Supreme Court. Application must be filed within 60 days of sentencing under MCA 46-18-903. The panel reviews for whether the sentence is "clearly inadequate or excessive." This is separate from a motion to the sentencing judge.

One-Year Limit (MCA 46-18-115): The sentencing judge's authority to review and modify the sentence expires one year from the commencement of the sentence. This is a firm deadline.

Deferred vs. Suspended Sentences: Montana distinguishes between deferred imposition (no sentence imposed; conviction may be dismissed upon successful completion) and suspended execution (sentence imposed but suspended). Consider requesting a deferred sentence where eligible.

No Formal Reconsideration Motions: Montana law does not recognize post-final-judgment motions for reconsideration in the traditional sense. Use the statutory mechanisms described above.

Pre-Sentence Investigation (PSI): Montana law requires a PSI for most felonies. If the PSI contained errors that affected sentencing, this is a strong basis for modification.

County Attorney as Prosecutor: In Montana, county attorneys handle criminal prosecutions. Serve the motion on the appropriate county attorney's office.

Persistent Felony Offender: If the sentence was enhanced under MCA 46-18-502 (persistent felony offender), modification options may be more limited. Consult current law on enhanced sentence modification.