Motion to Reconsider Sentence

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Reconsideration
5. Mitigating Factors
6. Rehabilitation Evidence
7. Proposed Modified Sentence
8. Legal Authority
9. Proposed Order
10. Certificate of Service
11. State-Specific Notes

Caption

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY, OHIO

Motion Header

DEFENDANT'S MOTION TO RECONSIDER SENTENCE

NOW COMES the Defendant, [________________________________], by and through counsel, [________________________________], and respectfully moves this Honorable Court to reconsider the sentence imposed on [__/__/____], and in support states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. ODRC Number (if applicable): [________________________________]

3. Date of Sentencing: [__/__/____]

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Plea or Verdict: ☐ Guilty Plea ☐ No Contest ☐ Jury Verdict ☐ Bench Trial

7. Sentence Imposed: [________________________________]

8. Post-Release Control Term: [________________________________]

9. Date Transcript Filed in Court of Appeals (if applicable): [__/__/____]

10. Direct Appeal Status: [________________________________]

Grounds for Reconsideration

Defendant respectfully moves this Court to reconsider the sentence on the following grounds:

☐ A. Illegal or Void Sentence (Crim.R. 35). The sentence is contrary to law because: [________________________________]

☐ B. Constitutional Violation (R.C. 2953.21). The sentence was imposed in violation of Defendant's rights under the United States or Ohio Constitution: [________________________________]

☐ C. Sentencing Error. The Court committed error in the sentencing proceeding: [________________________________]

☐ D. New Information. Information not available at sentencing is now available: [________________________________]

☐ E. Changed Circumstances. Defendant's circumstances have materially changed since sentencing: [________________________________]

☐ F. Disproportionate Sentence. The sentence is disproportionate and inconsistent with sentences imposed on similarly situated offenders: [________________________________]

☐ G. Cooperation with Authorities. Defendant has provided substantial cooperation with law enforcement: [________________________________]

☐ H. Judicial Release Eligibility (R.C. 2929.20). Defendant is now eligible for judicial release and should be considered for community control sanctions: [________________________________]

Mitigating Factors

The following factors support a reduced sentence (R.C. 2929.12):

☐ The injury to or risk of injury to the victim was less serious than typical for the offense

☐ Defendant did not cause or expect to cause physical harm

☐ Defendant acted under strong provocation

☐ There were substantial grounds to mitigate Defendant's conduct

☐ Defendant has no history of prior delinquency or criminal convictions

☐ Defendant has led a law-abiding life for a substantial period before the offense

☐ Defendant's age at the time of the offense: [________________________________]

☐ Defendant's current age: [________________________________]

☐ The offense was committed under circumstances not likely to recur

☐ Defendant shows genuine remorse: [________________________________]

☐ Mental health diagnosis or condition: [________________________________]

☐ Substance abuse history and treatment: [________________________________]

☐ Impact of incarceration on dependents: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant has demonstrated the following rehabilitation:

A. Programs Completed:

B. Employment and Vocational Training:

[________________________________]

C. Educational Achievements:

[________________________________]

D. Community Ties and Reentry Plan:

[________________________________]

E. Support Letters:

☐ Letters from family members (number attached: [____])

☐ Letters from community members (number attached: [____])

☐ Letters from institutional staff (number attached: [____])

☐ Letters from prospective employers (number attached: [____])

F. Disciplinary Record:

[________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court impose the following modified sentence:

[________________________________]

Legal Authority

A. Ohio Crim.R. 35 — The court may correct a sentence that is contrary to law. Under Crim.R. 35(C), the court must file its ruling within 180 days of the petition's filing.

B. R.C. 2929.20 — Governs judicial release. The filing window varies by sentence length: immediately for terms under two years; after serving the lesser of one year or half the term for sentences of two to five years; after serving the lesser of five years or half the term for sentences of five to ten years; and after serving half the term for sentences over ten years. Amendments effective April 4, 2023 modified eligibility.

C. R.C. 2953.21 — Petition for post-conviction relief must be filed within 365 days of the filing of the trial transcript in the court of appeals on direct appeal (State v. Dudas, 2024).

D. R.C. 2929.11 and R.C. 2929.12 — Set forth the purposes and factors for felony sentencing, including consistency with similar offenses and similar offenders.

E. Additional Authority:

[________________________________]

Proposed Order

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY, OHIO

Case No.: [________________________________]

ENTRY ON DEFENDANT'S MOTION TO RECONSIDER SENTENCE

This matter came before the Court upon Defendant's Motion to Reconsider Sentence. The Court has considered the motion, the State's response, the record, and the arguments of counsel.

IT IS HEREBY ORDERED that:

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

☐ The motion is DENIED.

IT IS SO ORDERED.

_________________________________________
Hon. [________________________________]
Judge, Court of Common Pleas

Date: [__/__/____]

Certificate of Service

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

☐ Hand delivery
☐ United States Mail, first class, postage prepaid
☐ Electronic filing via [________________________________]

[________________________________] County Prosecutor's Office
[________________________________]
[________________________________]
[________________________________]

_________________________________________
[________________________________]
Attorney for Defendant
Ohio Sup. Ct. Reg. No.: [________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Filing Deadlines: Ohio has multiple filing windows depending on the type of relief sought:

• Crim.R. 35: The court may correct an illegal sentence at any time; the court must rule within 180 days.
• R.C. 2953.21: 365 days after the trial transcript is filed in the court of appeals on direct appeal, or 365 days after the time for appeal expires if no appeal is taken.
• R.C. 2929.20: Varies by sentence length (see Legal Authority section above).

Distinction from Appeal: R.C. 2953.08 governs appellate review of felony sentences. A motion to reconsider sentence in the trial court is distinct from appellate review. Post-conviction relief under R.C. 2953.21 is a collateral attack that may be pursued even if a direct appeal is pending.

Relationship to Post-Conviction Relief: After the Crim.R. 35 and direct appeal windows close, the primary collateral remedy is a petition under R.C. 2953.21. Late filing is permitted under R.C. 2953.23 in limited circumstances, including newly discovered evidence and retroactive changes in law.

Retroactive Sentencing Changes: Amendments to R.C. 2929.20 (judicial release) effective April 4, 2023 apply to applications filed on or after that date. The Ohio Supreme Court clarified in State v. Dudas (2024) that the 365-day post-conviction filing deadline is triggered by the filing of the trial transcript in a direct appeal, and delayed appeals qualify as direct appeals for this purpose.

Sentencing Consistency: R.C. 2929.11(B) requires the court to impose a sentence consistent with sentences imposed for similar crimes committed by similar offenders. A sentencing disparity based on race, gender, ethnic background, or religion is a recognized ground for post-conviction relief.