Motion to Reconsider Sentence - Nebraska

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. Nebraska Practice Notes

Caption

IN THE DISTRICT COURT OF [________________________________] COUNTY, NEBRASKA

MOTION TO RECONSIDER SENTENCE

Comes now the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to [CURRENT STATUTORY OR OTHER AUTHORITY: ______________________________], respectfully moves this Court to reconsider the sentence imposed on [DATE OF SENTENCING: __/__/____], and in support thereof states as follows. This motion does not rely on Neb. Rev. Stat. § 29-2308.01, which is repealed, or on § 29-2308 as a source of trial-court authority. Counsel should identify a current procedural basis before filing.

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 no contest] 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 respectfully requests that this Court reconsider the sentence on the following grounds:

☐ A. The sentence is excessive. The sentence imposed is greater than necessary to accomplish the purposes of sentencing, including protection of the public, deterrence, and rehabilitation.

☐ B. Mitigating factors were not fully considered. At sentencing, the Court did not adequately weigh relevant mitigating circumstances as set forth in Neb. Rev. Stat. Section 29-2260.

☐ C. The sentence is disproportionate to similarly situated defendants. A review of comparable cases reveals the sentence here is significantly more severe.

☐ D. New information is now available. Since sentencing, material new information has come to light: [________________________________]

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

☐ F. The sentence includes a term of imprisonment when probation is appropriate. The Defendant is a suitable candidate for probation because: [________________________________]

☐ G. Changed circumstances since sentencing. [________________________________]

☐ H. Other grounds: [________________________________]

Filing Deadline Compliance

This template does not establish a general filing deadline for a motion to reconsider sentence. Do not assume that a motion may be filed within 30 days of sentencing; identify the deadline, if any, under the current authority supporting this filing.

• Date of sentencing: [__/__/____]
• Date of filing: [__/__/____]
• Days elapsed: [____]

Mitigating Factors

The Defendant asks this Court to consider the following mitigating factors pursuant to Neb. Rev. Stat. Section 29-2260:

☐ The Defendant's criminal conduct neither caused nor threatened serious harm.
☐ The Defendant did not contemplate that the conduct would cause or threaten serious harm.
☐ The Defendant acted under strong provocation.
☐ There were substantial grounds tending to excuse or justify the conduct.
☐ The victim induced or facilitated the offense.
☐ The Defendant has compensated or will compensate the victim.
☐ The Defendant has no history of prior delinquency or criminal activity, or has led a law-abiding life for a substantial period before the offense.
☐ The Defendant's conduct was the result of circumstances unlikely to recur.
☐ The character and attitudes of the Defendant indicate the Defendant is unlikely to commit another crime.
☐ The Defendant is likely to respond affirmatively to probationary treatment.
☐ Imprisonment would entail excessive hardship to the Defendant or dependents: [________________________________]
☐ Mental health conditions: [________________________________]
☐ Substance abuse history and treatment: [________________________________]
☐ Age at the time of offense: [____]
☐ Employment: [________________________________]
☐ 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 or employment prospects: [________________________________]
☐ Community involvement: [________________________________]
☐ Mental health treatment: [________________________________]
☐ Letters of support: [________________________________]
☐ Clean institutional record (if incarcerated): [________________________________]
☐ Participation in programming: [________________________________]
☐ Other: [________________________________]

Proposed Sentence Modification

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

☐ Reduce the term of imprisonment from [________________________________] to [________________________________].
☐ Impose a sentence of probation in lieu of imprisonment for a period of [________________________________].
☐ Reduce the minimum term from [________________________________] to [________________________________].
☐ Modify from consecutive to concurrent sentencing.
☐ Reduce the fine from $[____________] to $[____________].
☐ Modify conditions of probation: [________________________________]
☐ Grant credit for time served: [________________________________]
☐ Other modification: [________________________________]

Legal Authority

1. Neb. Rev. Stat. § 29-2308.01 - Repealed by Laws 1995, LB 127, § 3. It does not authorize a current motion to reconsider sentence or establish a 30-day filing period.

2. Neb. Rev. Stat. § 29-2308 - Authorizes the Court of Appeals or Supreme Court to reduce an excessive sentence in a criminal case pending before that appellate court. It does not create a general trial-court motion to reconsider sentence.

3. Neb. Rev. Stat. Section 29-2260 - Establishes criteria for individualized sentencing and the factors courts should consider, including mitigating circumstances.

4. Neb. Rev. Stat. Section 29-2263 - Provides criteria for granting probation as an alternative to imprisonment.

5. State v. Greer, 309 Neb. 667 (2021) - A sentence imposed within the statutory limits will not be disturbed on appeal absent an abuse of discretion.

6. State v. Melton, 308 Neb. 159 (2021) - A criminal procedure not authorized by statute is unavailable; an unauthorized motion is a procedural and legal nullity.

7. [CURRENT AUTHORITY SUPPORTING THIS MOTION: ______________________________]

Proposed Order

ORDER

The Court, having considered the Defendant's Motion to Reconsider Sentence filed pursuant to [CURRENT AUTHORITY: ______________________________], the Pre-Sentence Investigation Report, the arguments of counsel, and the record:

IT IS HEREBY ORDERED that the 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.].

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

___________________________________________
JUDGE, DISTRICT COURT OF [________________________________] COUNTY

Certificate of Service

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

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

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

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

Nebraska Practice Notes

No general 30-day motion deadline: Section 29-2308.01, the former sentence-reconsideration provision, is repealed. This template does not supply a filing deadline. Identify a current procedural basis and its deadline before filing.

Protect the appeal deadline: Do not rely on this motion to toll or extend the time for appeal. Section 25-1912(1) generally requires a notice of appeal within 30 days after entry of the judgment or final order; subsection (3) identifies the timely motions that terminate that period. Confirm the current appellate deadline and whether the filing qualifies before relying on it.

Trial-court authority: Section 29-2308 addresses appellate sentence reduction. State v. Melton, 308 Neb. 159 (2021), explains that an unauthorized criminal motion is unavailable and a procedural nullity. A valid sentence put into execution generally cannot be modified by the trial court, subject to limited recognized corrections and any current statutory procedure. See State v. Jones, 318 Neb. 840 (2025).

Indeterminate Sentencing: Nebraska uses indeterminate sentencing, where the court sets both a minimum and maximum term. The motion may address either or both terms.

Probation Criteria (Section 29-2260): Nebraska law specifies detailed criteria for determining whether imprisonment or probation is appropriate. Reference these statutory factors when arguing for probation.

Pre-Sentence Investigation (PSI): Nebraska requires a PSI for most felonies. If the PSI contained errors, this is a strong basis for reconsideration.

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

Good Time Credit: Nebraska provides for good time credit under Neb. Rev. Stat. 83-1,107. The motion may address how good time affects the effective sentence.

Habitual Criminal Enhancement: If the sentence was enhanced under the habitual criminal statute (Neb. Rev. Stat. 29-2221), consult current law regarding modification of enhanced sentences.