Motion to Reconsider Sentence - North Dakota

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Original Sentence Summary
4. Grounds for Reconsideration
5. Filing Deadline Compliance
6. Mitigating Factors
7. Rehabilitation Evidence
8. Proposed Sentence Modification
9. Legal Authority
10. Proposed Order
11. Certificate of Service

Caption

STATE OF NORTH DAKOTA

IN THE DISTRICT COURT OF [________________________________] COUNTY

[________________________________] JUDICIAL DISTRICT

Introduction

COMES NOW the Defendant, [________________________________], by and through [his/her] attorney, [________________________________], and respectfully moves this Honorable Court pursuant to Rule 35 of the North Dakota Rules of Criminal Procedure and N.D.C.C. § 12.1-32-02 to reconsider and reduce the sentence imposed on [__/__/____] in the above-captioned matter. In support thereof, Defendant states as follows:

Original Sentence Summary

1. On [__/__/____], Defendant was convicted of [________________________________] in violation of N.D.C.C. § [________________________________].

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

• ☐ Incarceration: [________________________________]
• ☐ Probation: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ Other Conditions: [________________________________]

3. The conviction arose from the following circumstances: [________________________________]

Grounds for Reconsideration

Defendant respectfully requests that this Court reconsider the sentence imposed for the following reasons:

☐ A. The sentence imposed was unduly severe. The following circumstances support a shorter term or probation: [________________________________]

☐ B. Changed circumstances since sentencing. Since the imposition of sentence, the following material changes have occurred: [________________________________]

☐ C. New information not available at sentencing. The following relevant information was not available to the Court at the time of sentencing: [________________________________]

☐ D. Rehabilitation progress. The Defendant has demonstrated significant rehabilitation efforts since sentencing, as detailed below.

☐ E. Sentencing disparity. The sentence imposed is disproportionate to sentences imposed on similarly situated defendants in comparable cases. [________________________________]

☐ F. Other grounds. [________________________________]

Filing Deadline Compliance

Rule 35(b)(1) sets the period in which the sentencing court may reduce the sentence; filing this motion within that period alone does not preserve relief after the period expires. The applicable event and dates are:

☐ The sentencing court imposed sentence or revoked probation on [__/__/____]. The 120-day court-action period ends on [__/__/____].

☐ The sentencing court received the mandate issued upon affirmance of the judgment or dismissal of the appeal on [__/__/____]. The 120-day court-action period ends on [__/__/____].

☐ The Supreme Court of the United States entered an order or judgment denying review or having the effect of upholding the conviction or probation revocation on [__/__/____]. The 120-day court-action period ends on [__/__/____].

This motion is submitted on [__/__/____]. Defendant requests a ruling within the applicable court-action period. Appeal status: [NO APPEAL PENDING / DESCRIBE].

Mitigating Factors

The following mitigating factors support a reduced sentence:

☐ Defendant has no prior criminal history or minimal criminal record.

☐ Defendant played a minor role in the offense.

☐ The offense resulted in no physical harm to any person.

☐ Defendant has accepted responsibility and demonstrated genuine remorse.

☐ Defendant's age at the time of offense: [____] years.

☐ Defendant has significant family responsibilities, including: [________________________________]

☐ Defendant suffers from mental health conditions: [________________________________]

☐ Defendant suffers from substance abuse issues and is actively seeking treatment: [________________________________]

☐ Defendant's military service record: [________________________________]

☐ Defendant's employment history and community ties: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Since the imposition of sentence, Defendant has undertaken the following rehabilitation efforts:

☐ Completed or enrolled in substance abuse treatment: [________________________________]

☐ Completed or enrolled in mental health treatment: [________________________________]

☐ Obtained or maintained employment: [________________________________]

☐ Completed educational programs: [________________________________]

☐ Completed vocational training: [________________________________]

☐ Maintained compliance with all conditions of supervision.

☐ Performed community service: [________________________________]

☐ Made restitution payments totaling: $[________________________________]

☐ Other rehabilitation efforts: [________________________________]

Supporting documentation is attached as Exhibit(s) [____].

Proposed Sentence Modification

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

☐ Reduce the term of incarceration from [________________________________] to [________________________________].

☐ Suspend the remaining term of incarceration and place Defendant on supervised probation for [________________________________].

☐ Reduce the fine from $[________________________________] to $[________________________________].

☐ Other requested modification: [________________________________]

Legal Authority

This motion is supported by the following legal authority:

1. N.D.R.Crim.P. Rule 35 authorizes the sentencing court to correct an illegal sentence at any time and to reduce a sentence within the applicable 120-day court-action period. A sentence contrary to statutory limits is illegal and may be corrected even if correction increases it. State v. Wika, 1998 ND 33, ¶¶ 12, 15-17.

2. N.D.C.C. § 12.1-32-02(3) permits suspension of execution of all or part of an imposed sentence and requires probation during the suspension, subject to Rule 35's reduction period.

3. N.D.C.C. § 12.1-32-04 lists noncontrolling factors to weigh when deciding whether imprisonment is desirable, including prior history, restitution, prospects for probation, and hardship to dependents.

4. The Rule 35 explanatory note places a motion for reduction within the sentencing court's discretion and recognizes an originally unduly severe sentence as a possible ground for relief.

Proposed Order

STATE OF NORTH DAKOTA

DISTRICT COURT, [________________________________] COUNTY

Having considered Defendant's Motion to Reconsider Sentence, any response by the State, and the record in this matter:

IT IS HEREBY ORDERED that the Motion to Reconsider Sentence is:

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

☐ DENIED. The original sentence shall remain in full force and effect.

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

DATED this [____] day of [________________________________], 20[____].

_____________________________________________
District Judge

Certificate of Service

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

State's Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing/service

_____________________________________________
[________________________________]
Attorney for Defendant
State Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

North Dakota Practice Notes

• Rule 35(b) action window: The sentencing court must act within 120 days of the applicable event; a motion submitted within 120 days does not extend the court's time to grant relief. For an appellate mandate, the trigger is the sentencing court's receipt, not the mandate's issuance. The Rule 35 explanatory note says the court may not act during a pending appeal.
• Court's Discretion: The court may also reduce a sentence on its own motion within the 120-day period.
• Illegal Sentence: A motion to correct an illegal sentence may be brought at any time without regard to the 120-day limitation.
• Probation Conversion: Changing a sentence from incarceration to probation is a permissible reduction under Rule 35.
• Service and hearing: Rule 47 requires a written motion stating its grounds and requested relief. Unless another rule or court order sets a different period, serve the motion and hearing notice at least 21 days before the hearing; serve any supporting declaration with the motion.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. All motions should be reviewed by a licensed North Dakota attorney before filing.