Motion to Reconsider Sentence

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Original Sentence Summary
4. Grounds for Reconsideration
5. Filing Deadline Compliance
6. Mitigating Factors
7. Rehabilitation Evidence
8. Proposed Sentence Modification
9. Legal Authority
10. Proposed Order
11. Certificate of Service

Caption

IN THE DISTRICT COURT OF [________________________________] COUNTY

STATE OF OKLAHOMA

Introduction

COMES NOW the Defendant, [________________________________], by and through [his/her] attorney, [________________________________], and respectfully moves this Honorable Court pursuant to 22 O.S. § 982a to reconsider and modify the sentence imposed on [__/__/____] in the above-captioned matter. In support thereof, Defendant states as follows:

Original Sentence Summary

1. On [__/__/____], Defendant was convicted of [________________________________] in violation of [____] O.S. § [________________________________].

2. On [__/__/____], this Court imposed the following sentence:

• ☐ Incarceration: [________________________________]
• ☐ Suspended Sentence: [________________________________]
• ☐ Probation: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ Other Conditions: [________________________________]

3. The manner of conviction was:
   - ☐ Guilty plea
   - ☐ No contest plea
   - ☐ Jury verdict
   - ☐ Bench trial verdict

4. The conviction arose from the following circumstances: [________________________________]

Grounds for Reconsideration

Defendant respectfully requests that this Court reconsider the sentence imposed for the following reasons:

☐ A. The sentence imposed was excessive. The sentence does not reflect the nature of the offense or the character of the Defendant. [________________________________]

☐ B. Changed circumstances since sentencing. Since the imposition of sentence, the following material changes have occurred: [________________________________]

☐ C. New information not available at sentencing. The following relevant information was not available to the Court at sentencing: [________________________________]

☐ D. Rehabilitation progress. Defendant has demonstrated significant rehabilitation since sentencing.

☐ E. Department of Corrections report supports modification. The DOC report confirms Defendant has addressed assessed needs and made progress. [________________________________]

☐ F. The best interests of the public will not be jeopardized. [________________________________]

☐ G. Other grounds. [________________________________]

Filing Deadline Compliance

This motion is timely filed pursuant to 22 O.S. § 982a:

☐ The sentence was imposed on [__/__/____], and this motion is filed on [__/__/____], which is within sixty (60) months of the initial sentence.

☐ The sentence was revoked on [__/__/____], and this motion is filed within sixty (60) months of the revocation date.

If more than 12 months from initial sentencing:

☐ This application has been approved by the District Attorney as required by 22 O.S. § 982a.

☐ The District Attorney has provided written notice to the victim(s) in this case.

Eligibility Confirmation:

☐ Defendant has NOT been confined in any state or federal prison for any previous felony conviction during the 10-year period preceding the date the sentence was imposed.

☐ The sentence sought to be modified was NOT imposed pursuant to a plea agreement or jury verdict. OR ☐ The prosecutor has consented to this modification.

Mitigating Factors

The following mitigating factors support a reduced sentence:

☐ Defendant has no prior criminal history or minimal criminal record.

☐ Defendant played a minor role in the offense.

☐ The offense resulted in no physical harm to any person.

☐ Defendant has accepted responsibility and demonstrated remorse.

☐ Defendant's age at the time of offense: [____] years.

☐ Defendant has significant family responsibilities: [________________________________]

☐ Defendant suffers from mental health conditions: [________________________________]

☐ Defendant suffers from substance abuse issues and has sought treatment: [________________________________]

☐ Defendant's employment history and community ties: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Since the imposition of sentence, Defendant has undertaken the following rehabilitation efforts:

☐ Completed or enrolled in substance abuse treatment: [________________________________]

☐ Completed or enrolled in mental health treatment: [________________________________]

☐ Obtained or maintained employment: [________________________________]

☐ Completed educational programs or GED: [________________________________]

☐ Completed vocational training: [________________________________]

☐ Maintained compliance with all conditions of supervision.

☐ Completed programs recommended by the Department of Corrections.

☐ Made restitution payments totaling: $[________________________________]

☐ Other rehabilitation efforts: [________________________________]

Supporting documentation is attached as Exhibit(s) [____].

Department of Corrections Report: ☐ Attached as Exhibit [____] ☐ Requested and pending

Proposed Sentence Modification

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

☐ Reduce the term of incarceration from [________________________________] to [________________________________].

☐ Modify the suspended sentence from [________________________________] to [________________________________].

☐ Place Defendant on supervised probation for [________________________________].

☐ Modify probation conditions as follows: [________________________________]

☐ Reduce the fine from $[________________________________] to $[________________________________].

☐ Modify restitution requirements: [________________________________]

☐ Other requested modification: [________________________________]

Legal Authority

This motion is supported by the following legal authority:

1. 22 O.S. § 982a provides that within sixty months after the initial sentence or probation revocation, the court imposing sentence may modify such sentence by directing that another sentence be imposed, provided the court is satisfied that the best interests of the public will not be jeopardized.

2. 22 O.S. § 982a further requires the Department of Corrections to provide the court with a report summarizing the offender's assessed needs, any progress made, and other relevant information for the court's consideration.

3. 22 O.S. § 991a authorizes the court to suspend the execution of sentence in whole or in part, with or without probation.

4. Applications filed beyond twelve months require district attorney approval and written victim notification. 22 O.S. § 982a.

5. A judicial sentence modification does not apply to sentences imposed pursuant to plea agreements or jury verdicts without the consent of the prosecutor. 22 O.S. § 982a.

Proposed Order

IN THE DISTRICT COURT OF [________________________________] COUNTY

STATE OF OKLAHOMA

Having considered Defendant's Motion to Reconsider Sentence, any response by the State, the Department of Corrections report, and the record in this matter:

IT IS HEREBY ORDERED that the Motion to Reconsider Sentence is:

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

☐ DENIED. The original sentence shall remain in full force and effect.

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

DATED this [____] day of [________________________________], 20[____].

_____________________________________________
District Judge

Certificate of Service

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

District Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing/service

_____________________________________________
[________________________________]
Attorney for Defendant
OBA No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Oklahoma Practice Notes

• 60-Month Window: Oklahoma provides a generous 60-month (5-year) window from initial sentencing or probation revocation to seek judicial sentence review under 22 O.S. § 982a.
• 12-Month Threshold: Applications filed more than 12 months after initial sentencing require district attorney approval and written victim notification.
• DOC Report Required: The Department of Corrections must provide a report summarizing the offender's assessed needs and progress for the court's consideration.
• Plea Agreement Limitation: Judicial sentence modification does not apply to sentences from plea agreements or jury verdicts without prosecutor consent.
• Prior Felony Exclusion: Defendants with prior felony confinement within 10 years of the sentence at issue are ineligible for modification under § 982a.
• Victim Notification: The district attorney must provide written notice to victims when the case is being considered for modification beyond 12 months.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. All motions should be reviewed by a licensed Oklahoma attorney before filing.