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 OF [________________________________] COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

Motion Header

DEFENDANT'S POST-SENTENCE MOTION TO MODIFY SENTENCE

AND NOW, comes the Defendant, [________________________________], by and through [his/her/their] counsel, [________________________________], Esquire, and respectfully files this Post-Sentence Motion to Modify Sentence pursuant to Pennsylvania Rule of Criminal Procedure 720, and in support thereof avers as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. SID Number: [________________________________]

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

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Plea or Verdict: ☐ Guilty Plea ☐ Negotiated Plea ☐ Jury Verdict ☐ Bench Trial

7. Sentence Imposed: [________________________________]

8. Sentencing Guidelines Range:

• Prior Record Score: [____]
• Offense Gravity Score: [____]
• Standard Range: [________________________________]
• Aggravated Range: [________________________________]
• Mitigated Range: [________________________________]

9. Sentence Relative to Guidelines: ☐ Within standard range ☐ Aggravated range ☐ Above aggravated range ☐ Mitigated range ☐ Below mitigated range

10. Filing Deadline (10 days from sentencing): [__/__/____]

Grounds for Reconsideration

Defendant respectfully requests this Court modify the sentence on the following grounds:

☐ A. Excessive Sentence. The sentence is manifestly excessive and constitutes an abuse of the Court's discretion: [________________________________]

☐ B. Misapplication of Sentencing Guidelines. The sentence was based on an incorrect application of the Pennsylvania Sentencing Guidelines: [________________________________]

☐ C. Illegal Sentence. The sentence exceeds the statutory maximum or is otherwise illegal: [________________________________]

☐ D. Sentencing Error. The Court committed error during the sentencing proceeding: [________________________________]

☐ E. New Information. Material information not available at sentencing is now available: [________________________________]

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

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

☐ H. Disproportionate Sentence. The sentence is disproportionate to the offense and to sentences imposed on similarly situated defendants: [________________________________]

Mitigating Factors

The following mitigating factors support a modified sentence:

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

☐ Defendant's current age: [________________________________]

☐ Prior criminal record (or lack thereof): [________________________________]

☐ Role in the offense (minor/secondary participant): [________________________________]

☐ Defendant's mental health history: [________________________________]

☐ Defendant's history of substance abuse and treatment: [________________________________]

☐ Impact of incarceration on dependents: [________________________________]

☐ Defendant's employment history: [________________________________]

☐ Defendant's educational background: [________________________________]

☐ Community ties and support: [________________________________]

☐ Other mitigating circumstances: [________________________________]

Rehabilitation Evidence

Defendant presents the following:

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 treatment providers (number attached: [____])

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

F. Disciplinary Record:

[________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court modify the sentence as follows:

[________________________________]

Legal Authority

A. Pa. R. Crim. P. 720 — Authorizes the filing of a post-sentence motion to modify sentence within 10 days of imposition of sentence. The judge must decide the motion within 120 days (extendable by 30 days for good cause). If the motion is not decided, it is denied by operation of law.

B. 42 Pa.C.S. § 9721 — Sets forth the general sentencing provisions and the factors the court must consider.

C. 42 Pa.C.S. § 9781 — Governs appellate review of sentences, including the standards for excessive sentence claims.

D. Commonwealth v. Mouzon, 812 A.2d 617 (Pa. 2002) — Establishes the standard for discretionary sentencing review.

E. Additional Authority:

[________________________________]

Proposed Order

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY, PENNSYLVANIA

No.: [________________________________]

ORDER

AND NOW, this [____] day of [________________________________], [____], upon consideration of Defendant's Post-Sentence Motion to Modify Sentence, the Commonwealth's response, and after hearing:

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

☐ The motion is DENIED.

BY THE COURT:

_________________________________________
Hon. [________________________________], J.

Certificate of Service

I, [________________________________], Esquire, hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Post-Sentence Motion to Modify Sentence upon the following:

☐ Personal delivery
☐ First-class United States Mail, postage prepaid
☐ Electronic filing via PACFile

[________________________________] County District Attorney's Office
[________________________________]
[________________________________]
[________________________________]

Dated: [__/__/____]

_________________________________________
[________________________________], Esquire
Attorney for Defendant
Pa. I.D. No.: [________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Filing Deadline: The post-sentence motion must be filed within 10 days of the imposition of sentence. Pa. R. Crim. P. 720(A)(1). This is one of the shortest filing windows in the country. If based on after-discovered evidence, the motion must be filed "promptly" after discovery.

Decision Deadline: The judge must decide the motion within 120 days of filing. The defendant may request one 30-day extension for good cause. If the motion is not decided within these timeframes, it is denied by operation of law. Pa. R. Crim. P. 720(B)(3).

Appeal Tolling: A timely post-sentence motion tolls the 30-day period for filing a notice of appeal. The appeal period runs from the date of the order deciding the motion (or the date of denial by operation of law). Pa. R. Crim. P. 720(A)(2).

Distinction from Appeal: This motion is heard by the trial court. If denied, the defendant may then appeal the sentence to the Superior Court. For discretionary aspects of sentencing, a petition for allowance of appeal or a statement of reasons for allowance is required. 42 Pa.C.S. § 9781.

Relationship to Post-Conviction Relief: After the direct appeal process is complete, defendants may seek relief under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq. The PCRA has a one-year filing deadline from the date the judgment becomes final, with limited exceptions. The PCRA is the sole vehicle for collateral review.

Sentencing Guidelines: Pennsylvania uses sentencing guidelines with offense gravity scores and prior record scores. A sentence outside the guidelines requires the court to state contemporaneous reasons on the record. Departure from guidelines is a key basis for challenging a sentence.