Motion to Reconsider Sentence - New Hampshire

TABLE OF CONTENTS

1. Caption
2. Original Sentence Summary
3. Grounds for Reconsideration
4. Filing Deadline Compliance
5. Sentencing Factors in the Record
6. Record Support
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
[________________________________] COURT
[Circuit Court — District Division / Superior Court]

MOTION FOR RECONSIDERATION OF SENTENCE

Now comes the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to New Hampshire Rule of Criminal Procedure 43, respectfully moves this Honorable Court to reconsider the sentence imposed on [DATE OF SENTENCING: __/__/____], and in support thereof states as follows:

For a Superior Court filing, counsel certifies under N.H. R. Crim. P. 35(i)(1) that a good-faith attempt was made to obtain concurrence in the relief sought and that the prosecution [assents / objects / takes no position / did not respond]. If the certification is inapplicable, state the rule-based reason: [________________________________].

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 Court overlooked or misapprehended a preserved proportionality issue: [________________________________]

☐ B. The Court overlooked or misapprehended mitigating information already presented in the sentencing record: [________________________________]

☐ C. The written sentencing order does not accurately reflect the sentence pronounced or the Court's stated findings: [________________________________]

☐ D. The Court overlooked or misapprehended the offense-specific sentencing range or a mandatory/extended-term provision: [________________________________]

☐ E. The Court overlooked or misapprehended a material sentencing disparity supported by the record and applicable law: [________________________________]

☐ F. The Court overlooked or misapprehended a material fact concerning restitution, pretrial confinement credit, or a sentencing condition: [________________________________]

☐ G. The Court overlooked a preserved legal defect in the sentence or sentencing process. Specifically: [________________________________]

☐ H. The Court overlooked or misapprehended the following point of law or fact: [________________________________]

☐ I. Other point of law or fact overlooked or misapprehended: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

☐ N.H. R. Crim. P. 43(a): Filed within 10 days of the date on the clerk's written notice of the sentencing order or decision: [__/__/____].
☐ Rule 35(f) computation: The first day is excluded; because the last day fell on a Saturday, Sunday, or legal holiday, the period extends through [__/__/____].

This motion is filed on [__/__/____], which is [____] days after the date on the clerk's written notice.

Sentencing Factors in the Record

Check only factors that were presented to the sentencing court and identify their record location in the next section:

☐ 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: [________________________________]

Record Support

Identify where each asserted point was presented or preserved in the sentencing record:

☐ Sentencing memorandum, page/paragraph: [________________________________]
☐ Presentence investigation report, page/section: [________________________________]
☐ Sentencing exhibit or letter: [________________________________]
☐ Sentencing transcript, page/line: [________________________________]
☐ Plea agreement or sentencing sheet: [________________________________]
☐ Statute, rule, or case presented to the Court: [________________________________]
☐ Other record location: [________________________________]

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 [________________________________].
☐ Reconsider the suspended/stand-committed structure as follows, if authorized in this case: [________________________________]
☐ Modify from consecutive to concurrent sentencing.
☐ Modify conditions of the suspended sentence: [________________________________]
☐ Reduce the fine from $[____________] to $[____________].
☐ Revise the sentencing order as follows: [________________________________]
☐ Correct the sentencing order's treatment of pretrial confinement credit as follows: [________________________________]
☐ Other: [________________________________]

Legal Authority

1. N.H. R. Crim. P. 43 - A motion for reconsideration or other post-decision relief must be filed within 10 days of the date on the clerk's written notice. It must identify with particular clarity the points of law or fact the court overlooked or misapprehended, may not exceed 10 pages, and is heard only if the court orders a hearing.

2. N.H. R. Crim. P. 35 - Governs filing and service, computes time, requires a certificate of service, and imposes Superior Court motion requirements including factual support and a good-faith concurrence certification where applicable.

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

4. RSA 651:6 - Establishes fact findings, notice requirements, and sentencing ranges for extended terms of imprisonment.

5. RSA 651:20 - Supplies a separate petition-to-suspend mechanism. It is not a substitute for an untimely Rule 43 motion: state-prison eligibility depends on the minimum term and the alternatives in § 651:20, I(a)-(c).

6. RSA 651-A:22-a - Supplies a separate earned-time program administered by the commissioner, subject to sentencing-order eligibility, security-classification conditions, forfeiture rules, and a 21-month cap. Program completion does not itself establish Rule 43 reconsideration relief.

7. RSA 21-M:8-k - Gives covered crime victims reasonable and timely notice of post-conviction proceedings and the right to appear and be heard at sentence review and sentence reduction hearings.

8. Case-specific authority: [________________________________]

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 / JUDGE

Certificate of Service

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

[PROSECUTING ATTORNEY NAME]
[PROSECUTING OFFICE]
[________________________________]
[________________________________]

☐ By hand delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing
☐ By another method permitted by the governing filing and service rules: [________________________________]

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

New Hampshire Practice Notes

10-Day Reconsideration Window: Under New Hampshire Rule of Criminal Procedure 43(a), the period runs from the date on the clerk's written notice of the order or decision, not automatically from the sentencing date.

Rule 43 Content and Hearing Requirements: State with particular clarity what the court overlooked or misapprehended. The motion may not exceed 10 pages, and a hearing is permitted only by court order.

Separate Petition to Suspend (RSA 651:20): Do not use this Rule 43 motion as a late petition to suspend. For a minimum term of 6 years or more, § 651:20 generally permits filing when the person is within 12 months of serving two-thirds of the minimum; for a minimum under 6 years, after two-thirds has been served or with sentencing-court authorization. Commissioner-suitability and Attorney General substantial-assistance routes are separate exceptions. Later petitions are generally limited to once every 3 years.

Earned Time Credits: RSA 651-A:22-a is a separate program. The commissioner awards or recommends reductions for listed programs; availability depends on the sentencing order and statutory conditions, and total reductions are capped at 21 months from both the minimum and maximum sentences.

Service: Serve the attorney or office prosecuting the case and any other person required by Rule 35 or a case-specific order. Do not assume the prosecuting office from the court caption alone.

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 Rights: For crimes covered by RSA 21-M:8-k, victims have rights—so far as reasonably guaranteed and consistent with the accused's rights—to timely notice of post-conviction proceedings and to appear and be heard at sentence review and sentence reduction hearings. Coordinate compliance through the prosecuting office and court procedure.

Sources and References

• N.H. R. Crim. P. 43 (Motions for Reconsideration): https://www.courts.nh.gov/new-hampshire-rules-criminal-procedure/rule-43-motions-reconsideration
• N.H. R. Crim. P. 35 (Filings with the Court): https://www.courts.nh.gov/new-hampshire-rules-criminal-procedure/rule-35-filings-court
• RSA 651:2 (Sentences and Limitations): https://gc.nh.gov/rsa/html/LXII/651/651-2.htm
• RSA 651:6 (Extended Term of Imprisonment): https://gc.nh.gov/rsa/html/LXII/651/651-6.htm
• RSA 651:20 (Incarceration Under Suspended Sentence): https://gc.nh.gov/rsa/html/LXII/651/651-20.htm
• RSA 651-A:22-a (Earned Time Credits): https://gc.nh.gov/rsa/html/LXII/651-A/651-A-22-a.htm
• RSA 21-M:8-k (Rights of Crime Victims): https://gc.nh.gov/rsa/html/I/21-M/21-M-8-k.htm