Motion to Reconsider Sentence - Rhode Island

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

STATE OF RHODE ISLAND

[________________________________] COUNTY SUPERIOR COURT

Introduction

COMES NOW the Defendant, [________________________________], by and through [his/her] attorney, [________________________________], and respectfully moves this Honorable Court pursuant to Rule 35 of the Rhode Island Superior Court Rules of Criminal Procedure to reconsider and reduce 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 R.I. Gen. Laws § [________________________________].

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

• ☐ Incarceration at the ACI: [________________________________]
• ☐ Suspended sentence: [________________________________]
• ☐ Probation: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ Other Conditions: [________________________________]

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

Grounds for Reconsideration

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

☐ A. The sentence imposed was unduly severe. Upon reflection, the sentence exceeds what is necessary 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. Sentencing disparity. The sentence is disproportionate to sentences imposed on similarly situated defendants. [________________________________]

☐ F. Other grounds. [________________________________]

Filing Deadline Compliance

This motion is timely filed pursuant to Rule 35, R.I. Super. Ct. R. Crim. P.:

☐ The sentence was imposed on [__/__/____], and this motion is filed on [__/__/____], which is within 120 days.

☐ The Rhode Island Supreme Court issued its mandate affirming the judgment or dismissing the appeal on [__/__/____], and this motion is filed within 120 days of receipt.

☐ The Supreme Court of the United States issued its mandate or order affirming the judgment, dismissing the appeal, or denying certiorari on [__/__/____], and this motion is filed within 120 days of receipt.

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 programming at the ACI: [________________________________]

☐ 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 [________________________________].

☐ Suspend the remaining term of incarceration and place Defendant on 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. Rule 35, R.I. Super. Ct. R. Crim. P. authorizes the court to reduce a sentence within 120 days of imposition or receipt of an appellate mandate. A motion to reduce a sentence is a plea for leniency addressed to the discretion of the hearing justice. State v. Keenan, 81 A.3d 1128 (R.I. 2013).

2. The court may grant a Rule 35 motion if it "decides on reflection or on the basis of changed circumstances that the sentence originally imposed was, for any reason, unduly severe." State v. McKinney, 705 A.2d 1379 (R.I. 1997).

3. R.I. Gen. Laws § 12-19-2 provides general sentencing authority and alternatives available to the court.

4. An illegal sentence may be corrected at any time under Rule 35(a).

5. The court shall act on the motion within a reasonable time, and delay shall not prejudice the movant.

Proposed Order

STATE OF RHODE ISLAND

[________________________________] COUNTY SUPERIOR COURT

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

_____________________________________________
Superior Court Justice

Certificate of Service

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

Office of the Attorney General
[________________________________]
[________________________________]
[________________________________]

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

_____________________________________________
[________________________________]
Attorney for Defendant
R.I. Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Rhode Island Practice Notes

• 120-Day Deadline: The motion must be filed within 120 days of sentencing or receipt of an appellate mandate. This deadline is strictly enforced.
• Attorney General Response: The Attorney General may file a cross-motion to increase the sentence within 20 days of the defendant's filing. Defendants should be aware of this risk.
• Plea for Leniency: The motion is essentially a plea for leniency; the standard is whether the original sentence was, for any reason, unduly severe.
• Illegal Sentence Correction: An illegal sentence may be corrected at any time without regard to the 120-day limitation.
• Reasonable Time to Act: The court must act within a reasonable time. Delay by the court in ruling shall not prejudice the movant.
• ACI References: Rhode Island incarcerates defendants at the Adult Correctional Institutions (ACI) in Cranston. Programming and rehabilitation evidence should reference ACI programs where applicable.
• No Automatic Right to Hearing: Rule 35 does not guarantee an evidentiary hearing; the court may rule on the papers.

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 Rhode Island attorney before filing.