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 Mexico Practice Notes

Caption

STATE OF NEW MEXICO
COUNTY OF [________________________________]
[________________________________] JUDICIAL DISTRICT COURT

MOTION FOR REDUCTION OR CORRECTION OF SENTENCE

Comes now the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Rule 5-801 NMRA, respectfully moves this Court to [reduce / correct] 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 [convicted after jury trial / convicted after 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 moves for reduction or correction of the sentence on the following grounds:

☐ A. The sentence should be corrected for clear error (Rule 5-801(A)). The sentence resulted from an arithmetical or technical error: [________________________________]

☐ B. The sentence should be reduced (Rule 5-801(B)). The sentence imposed is more severe than necessary given the nature of the offense and the Defendant's circumstances.

☐ C. The sentence is illegal. The sentence is not authorized by law because: [________________________________]

☐ D. Mitigating circumstances were not fully considered. The sentencing court did not adequately weigh relevant mitigating factors: [________________________________]

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

☐ F. New information is available since sentencing. [________________________________]

☐ G. The Defendant has demonstrated significant rehabilitation. See Rehabilitation Evidence below.

☐ H. Changed circumstances since sentencing. [________________________________]

☐ I. Other grounds: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

☐ Rule 5-801(B) — Reduction: Filed within 90 days of the imposition of sentence on [__/__/____].
☐ Rule 5-801(B) — Post-appeal: Filed within 90 days of the appellate court mandate issued on [__/__/____].
☐ Rule 5-801(A) — Correction of clear error: Filed within a reasonable time.
☐ Illegal sentence: No time limit applies.

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

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 or secondary role.
☐ The Defendant acted under provocation, duress, or domination.
☐ Mental health conditions: [________________________________]
☐ Substance abuse and treatment: [________________________________]
☐ Age at the time of offense: [____]
☐ Primary caregiver for dependents: [________________________________]
☐ Employment and community ties: [________________________________]
☐ Educational background: [________________________________]
☐ Genuine remorse and acceptance of responsibility.
☐ Cooperation with law enforcement.
☐ Restitution paid or being paid.
☐ Medical conditions: [________________________________]
☐ Military service: [________________________________]
☐ Cultural or family background: [________________________________]
☐ 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 disciplinary record during incarceration (NMCD records).
☐ Participation in institutional programming: [________________________________]
☐ Other: [________________________________]

Proposed Sentence Modification

The Defendant respectfully requests that this Court:

☐ Correct the sentence to eliminate the arithmetical/technical error.
☐ Reduce the basic sentence from [________________________________] to [________________________________].
☐ Reduce the total sentence from [________________________________] to [________________________________].
☐ Suspend additional incarceration time and extend probation.
☐ 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. Rule 5-801(A) NMRA - The court may correct a sentence that resulted from arithmetical or technical error, or correct a sentence for clear error.

2. Rule 5-801(B) NMRA - The court may reduce a sentence on motion of the defendant filed within ninety days of the imposition of sentence or within ninety days of an appellate court mandate.

3. NMSA 1978, Section 31-18-15 - Establishes the sentencing authority and authorized sentences for criminal offenses in New Mexico.

4. NMSA 1978, Section 39-1-1 - Provides that the district court retains control over its judgment for 30 days after entry.

5. State v. Romero, 2014-NMCA-063 - Discussing the scope and limitations of Rule 5-801, including that it is not an opportunity to reconsider the application of sentencing statutes or for the court to simply change its mind.

6. State v. Savedra, 2010-NMCA-070 - The 90-day deadline for filing a motion to reduce a sentence under Rule 5-801(B) is jurisdictional.

7. [________________________________]

Proposed Order

ORDER

The Court, having considered the Defendant's Motion for Reduction or Correction of Sentence filed pursuant to Rule 5-801 NMRA, the arguments of counsel, and the record:

IT IS HEREBY ORDERED that the Motion is:

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

[________________________________]

☐ DENIED.

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

___________________________________________
DISTRICT JUDGE

DATED: [__/__/____]

Certificate of Service

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

[DISTRICT ATTORNEY NAME]
[________________________________] Judicial District Attorney's Office
[________________________________]
[________________________________]

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

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

New Mexico Practice Notes

90-Day Jurisdictional Deadline: The deadline for filing a motion to reduce a sentence under Rule 5-801(B) is jurisdictional. The court loses authority to reduce the sentence if the motion is not filed within 90 days of sentencing or 90 days of the appellate mandate. This deadline cannot be extended.

Limited Scope of Rule 5-801: The New Mexico Court of Appeals has held that Rule 5-801 is NOT an opportunity to: (1) reconsider the application or interpretation of sentencing statutes; (2) for the court to simply change its mind about the appropriateness of the sentence; or (3) reopen issues previously resolved at the sentencing hearing.

Reasonable Time for Court Action: Although the motion must be filed within 90 days, the court may rule on the motion within a "reasonable time" after filing.

Finality and Reconsideration: A timely-filed motion for reconsideration may suspend the finality of the judgment under NMSA 39-1-1.

Habitual Offender Enhancement: If the sentence included an enhancement under NMSA 31-18-17 (habitual offender), any reduction must account for the mandatory enhanced sentencing provisions.

Firearm Enhancement: Sentences enhanced under NMSA 31-18-16 (use of a firearm) include mandatory additional terms that may limit the court's ability to reduce.

District Attorney as Prosecutor: In New Mexico, district attorneys handle criminal prosecutions. Serve the motion on the appropriate judicial district attorney's office.

Proposed 2025 Rule Changes: The New Mexico Supreme Court has considered proposals to amend rules regarding the time to correct an illegal sentence. Verify the current version of Rule 5-801 before filing.