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 CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________________________]

Introduction

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

This motion is brought pursuant to:

☐ ORS 137.218 — Joint Petition for Reconsideration of Conviction or Sentence
☐ ORS 137.754 — Authority of Court to Modify Judgment
☐ Court's inherent authority to correct errors in sentencing
☐ Other statutory authority: [________________________________]

Original Sentence Summary

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

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

• ☐ Incarceration: [________________________________]
• ☐ Probation: [________________________________]
• ☐ Post-Prison Supervision: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ Other Conditions: [________________________________]

3. The conviction was classified as:
   - ☐ Felony (Crime Seriousness Level: [____])
   - ☐ Misdemeanor
   - ☐ Measure 11 mandatory minimum offense

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

Grounds for Reconsideration

Defendant respectfully requests reconsideration of the imposed sentence for the following reasons:

☐ A. The sentence imposed was disproportionate. The sentence exceeds what is necessary to serve the interests of justice under the circumstances. [________________________________]

☐ 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. The sentence failed to comply with statutory requirements. The judgment and sentence did not comply with the provisions of ORS [________________________________]. [________________________________]

☐ F. Joint agreement with the District Attorney. The District Attorney has agreed to jointly petition for reconsideration under ORS 137.218. [________________________________]

☐ G. Other grounds. [________________________________]

Filing Deadline Compliance

☐ ORS 137.218 (Joint Petition): No specific statutory deadline; however, the District Attorney must agree to jointly petition. The conviction must be a felony that is not expungable under ORS 137.225.

☐ ORS 137.754 (Statutory Compliance): The judgment was entered on or after December 5, 1996, and the sentence failed to comply with ORS 137.750 or 137.752.

☐ Inherent Authority / Plain Error: The court retains jurisdiction to correct illegal or void sentences at any time.

The original sentence was imposed on [__/__/____], and this motion is filed on [__/__/____].

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: [________________________________]

☐ Defendant's criminal history score at the time of sentencing: [________________________________]

☐ 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 Oregon Department of Corrections programming: [________________________________]

☐ Made restitution payments totaling: $[________________________________]

☐ Other rehabilitation efforts: [________________________________]

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

Proposed Sentence Modification

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

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

☐ Modify the sentence to probation for [________________________________].

☐ Modify post-prison supervision conditions: [________________________________]

☐ Modify probation conditions as follows: [________________________________]

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

☐ Modify restitution requirements: [________________________________]

☐ Resentence Defendant in accordance with ORS [________________________________].

☐ Other requested modification: [________________________________]

Legal Authority

This motion is supported by the following legal authority:

1. ORS 137.218 (SB 819) permits the District Attorney and the applicant to jointly petition for reconsideration of a felony conviction or sentence where the conviction is not expungable under ORS 137.225. Convictions under ORS 137.700 (Measure 11) or involving child abuse or domestic violence are eligible only in rare circumstances.

2. ORS 137.754 authorizes the sentencing court to modify a judgment and sentence entered on or after December 5, 1996, when the judgment fails to comply with ORS 137.750 or 137.752.

3. ORS 138.083 provides for appeal of a sentence as unduly harsh or excessive under certain circumstances.

4. Oregon courts retain inherent authority to correct illegal or void sentences at any time.

5. The Oregon Sentencing Guidelines provide a framework for proportionate sentencing based on the seriousness of the offense and the offender's criminal history.

Proposed Order

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________________________]

Having considered Defendant's Motion to Reconsider Sentence, any response by the State, 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[____].

_____________________________________________
Circuit Court 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 (Oregon eCourt)

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

Oregon Practice Notes

• ORS 137.218 (SB 819): Requires a joint petition between the District Attorney and the applicant. The conviction must be from the relevant county and must be a felony not expungable under ORS 137.225. Measure 11 offenses, child abuse, and domestic violence convictions are eligible only in rare circumstances.
• Measure 11 Limitations: Convictions under ORS 137.700 carry mandatory minimum sentences that significantly limit the court's ability to modify a sentence.
• Sentencing Guidelines: Oregon uses presumptive sentencing guidelines. Departures from the guidelines must be supported by substantial and compelling reasons.
• Post-Prison Supervision: Modification of post-prison supervision conditions may require coordination with the Oregon Board of Parole and Post-Prison Supervision.
• Victim Notification: Oregon law requires victim notification for sentence modification proceedings. Compliance with ORS 147.417 is required.
• Electronic Filing: Oregon uses the eCourt system for electronic filing in most circuit courts.

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 Oregon attorney before filing.