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 sentence does not reflect the nature and circumstances of the offense or the history and character of the Defendant, as required under N.D.C.C. § 12.1-32-04. [________________________________]

☐ 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

This motion is timely filed pursuant to N.D.R.Crim.P. Rule 35, which permits a motion to reduce sentence within 120 days of the following:

☐ The sentence was imposed on [__/__/____], and this motion is filed on [__/__/____], which is within 120 days.

☐ The North Dakota Supreme Court issued its mandate affirming the judgment on [__/__/____], and this motion is filed within 120 days of receipt.

☐ The Supreme Court of the United States denied review or upheld the conviction on [__/__/____], and this motion is filed within 120 days.

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 [________________________________].

☐ Modify probation conditions as follows: [________________________________]

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

☐ Modify restitution requirements: [________________________________]

☐ Defer further imposition of sentence pursuant to N.D.C.C. § 12.1-32-02.

☐ 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 120 days. The rule encompasses both reduction and correction of a sentence illegal in form, manner of imposition, or given in error. State v. Wika, 1998 ND 90, 577 N.W.2d 571.

2. N.D.C.C. § 12.1-32-02 provides sentencing alternatives including deferred imposition of sentence with supervised probation.

3. N.D.C.C. § 12.1-32-04 requires the court to consider the nature and circumstances of the offense, the history and character of the defendant, and the need for public protection in imposing sentence.

4. N.D.C.C. § 12.1-32-07 permits the court to reduce or suspend a sentence under certain circumstances.

5. A motion under Rule 35 is addressed to the discretion of the sentencing court and may be granted if the court determines that the sentence originally imposed was, for any reason, unduly severe. State v. Arcand, 379 N.W.2d 789 (N.D. 1986).

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

• 120-Day Deadline: The motion must be filed within 120 days of sentencing, revocation, or receipt of an appellate mandate. This deadline is jurisdictional and cannot be extended.
• 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.
• Deferred Imposition: Under N.D.C.C. § 12.1-32-02, the court may defer imposition of sentence and place the defendant on probation.
• Appeal: Denial of a Rule 35 motion may be appealed to the North Dakota Supreme Court.

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.