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 trial court received the Rhode Island Supreme Court's mandate affirming the judgment or dismissing the appeal on [__/__/____], and this motion is filed within 120 days after that receipt.

☐ The trial court received the Supreme Court of the United States mandate or order affirming the judgment, dismissing the appeal, or denying certiorari on [__/__/____], and this motion is filed within 120 days after that 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 a motion to reduce a sentence filed within 120 days after imposition or the trial court's receipt of a qualifying appellate mandate or order. A motion to reduce a sentence is a plea for leniency addressed to the discretion of the hearing justice. State v. Keenan, 68 A.3d 588 (R.I. 2013).

2. The court may grant a Rule 35 motion if it decides, on reflection or because of changed circumstances, that the original sentence was unduly severe. State v. Snell, No. 2009-262-C.A., slip op. at 5-6 (R.I. 2011).

3. R.I. Gen. Laws § 12-19-2(a) governs selection of a fine or imprisonment and its amount or term within the limits prescribed by law. Section 12-19-8(a) addresses suspension of sentence and probation, subject to its stated limits.

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: For a motion to reduce a sentence, file within 120 days after sentencing or the trial court's receipt of a qualifying appellate mandate or order, as Rule 35(a) specifies.
• Possible Increase: The Attorney General may move to increase the sentence within 20 days after a motion to reduce it is filed; Rule 35(b) also permits the court to act on its own motion after such a filing.
• 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: If relevant, identify the particular Adult Correctional Institutions program and attach records of participation.
• Hearing: Check the court's scheduling order for whether oral argument or evidence will be heard.

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.