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. New Hampshire Practice Notes

Caption

THE STATE OF NEW HAMPSHIRE
[________________________________] COUNTY SUPERIOR COURT

MOTION FOR RECONSIDERATION OF SENTENCE

Now comes the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to New Hampshire Superior Court Rule 59 and/or RSA 651:60, respectfully moves this Honorable Court to reconsider 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 [found guilty by jury / found guilty at 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 respectfully requests this Court to reconsider the sentence on the following grounds:

☐ A. The sentence is disproportionate to the offense. The sentence imposed is more severe than necessary to achieve the purposes of sentencing, including punishment, deterrence, and rehabilitation.

☐ B. Mitigating circumstances were not fully considered. The Court did not adequately weigh relevant mitigating information at sentencing: [________________________________]

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

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

☐ E. The sentence is disproportionate to sentences imposed on co-defendants or similarly situated defendants. [________________________________]

☐ F. Changed personal or family circumstances. The Defendant's circumstances have materially changed since sentencing: [________________________________]

☐ G. The sentence is illegal or was imposed in an illegal manner. Specifically: [________________________________]

☐ H. The sentence should be amended under RSA 651:60 because: [________________________________]

☐ I. Other grounds: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

☐ N.H. Super. Ct. R. 59: Filed within 30 days of sentencing on [__/__/____].
☐ RSA 651:60 — Amendment of sentence: Filed within a reasonable time after sentencing.
☐ Illegal sentence: There is no time limit for challenging an illegal sentence.

This motion is filed on [__/__/____], which is [____] days after sentencing.

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 provocation or duress.
☐ Mental health conditions: [________________________________]
☐ Substance use disorder and treatment: [________________________________]
☐ Age at the time of the offense: [____]
☐ Primary caregiver for dependents: [________________________________]
☐ Employment and community involvement: [________________________________]
☐ Educational background and achievements: [________________________________]
☐ Genuine remorse and acceptance of responsibility.
☐ Cooperation with law enforcement.
☐ Restitution paid or being paid.
☐ 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: [________________________________]
☐ Completion of or enrollment in vocational training: [________________________________]
☐ Employment or employment prospects: [________________________________]
☐ Community service or volunteer activities: [________________________________]
☐ Mental health treatment and counseling: [________________________________]
☐ Letters of support from [family / employer / community / treatment providers]: [________________________________]
☐ Clean disciplinary record during incarceration (NH DOC records).
☐ Participation in institutional or community programming: [________________________________]
☐ GED completion (eligible for 90-day sentence reduction under RSA 651-A:22-a).
☐ Participation in family connections center programming (eligible for 60-day reduction under RSA 651-A:22-a).
☐ Other: [________________________________]

Proposed Sentence Modification

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

☐ Reduce the stand-committed sentence from [________________________________] to [________________________________].
☐ Reduce the suspended sentence from [________________________________] to [________________________________].
☐ Suspend the remaining sentence and place the Defendant on probation for [________________________________].
☐ Modify from consecutive to concurrent sentencing.
☐ Modify conditions of the suspended sentence: [________________________________]
☐ Reduce the fine from $[____________] to $[____________].
☐ Amend the sentence under RSA 651:60 as follows: [________________________________]
☐ Grant credit for time served: [________________________________]
☐ Other: [________________________________]

Legal Authority

1. N.H. Super. Ct. R. 59 - A motion for reconsideration must be filed within 30 days of the court's order. The court may reconsider its decision and modify, vacate, or affirm the order.

2. RSA 651:60 - Provides authority for amendment of a sentence by the sentencing court.

3. RSA 651:2 - Establishes sentencing limitations and authorized sentences for criminal offenses in New Hampshire.

4. RSA 651-A:19-a - Authorizes a petition to suspend sentence after the defendant has served the minimum required period (4 years or 2/3 of minimum sentence, whichever is greater).

5. RSA 651-A:22-a - Provides for earned time reductions, including 90 days for GED completion and 60 days for family connections programming.

6. State v. Wentworth, 118 N.H. 832 (1978) - The sentencing court has broad discretion in imposing a sentence within the statutory range, but may not impose a sentence that is disproportionate.

7. [________________________________]

Proposed Order

ORDER

The Court, having considered the Defendant's Motion for Reconsideration of Sentence, the arguments of counsel, and the record herein:

IT IS HEREBY ORDERED that the Motion for Reconsideration of Sentence is:

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

[________________________________]

☐ DENIED.

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

SO ORDERED.

Dated: [__/__/____]

___________________________________________
PRESIDING JUSTICE, [________________________________] COUNTY SUPERIOR COURT

Certificate of Service

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

[COUNTY ATTORNEY NAME]
[________________________________] County Attorney's Office
[________________________________]
[________________________________]

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

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

New Hampshire Practice Notes

30-Day Reconsideration Window: Under Superior Court Rule 59, a motion for reconsideration must be filed within 30 days. This deadline is strictly enforced.

RSA 651:60 — Amendment of Sentence: This statute allows the sentencing court to amend a sentence. Practitioners should research the current scope of this provision, as New Hampshire appellate courts have addressed its application.

Petition to Suspend (RSA 651-A:19-a): For inmates already serving time, a petition to suspend sentence cannot be filed until the defendant has served at least 4 years or 2/3 of the minimum sentence (whichever is greater), and not more frequently than every 3 years.

Earned Time Credits: Under RSA 651-A:22-a, inmates may receive sentence reductions for completing programs (90 days for GED; 60 days for family connections). These are one-time reductions.

No Increase on Reconsideration: New Hampshire courts cannot increase a sentence on a motion for reconsideration filed by the defendant.

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

Extended Term Sentences: Under RSA 651:6, extended terms may be imposed for certain offenses. If the sentence includes an extended term, the motion should address the extended term provisions.

Victim Notification: Under RSA 21-M:8-k, victims must be notified of sentencing proceedings and have the right to be heard. Ensure proper notice when seeking sentence modification.