Motion to Reconsider Sentence - South Dakota

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 SOUTH DAKOTA

COUNTY OF [________________________________]

IN CIRCUIT COURT, [________________________________] JUDICIAL CIRCUIT

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:

☐ SDCL § 23A-27-18 — Suspension of Execution of Sentence
☐ SDCL § 23A-27-13 — Suspended Imposition of Felony Sentence
☐ SDCL § 23A-27-11 — Correction of Manifest Injustice
☐ Court's inherent authority to correct an illegal sentence
☐ Other statutory authority: [________________________________]

Original Sentence Summary

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

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

• ☐ Incarceration with SD DOC: [________________________________]
• ☐ Suspended imposition of sentence: [________________________________]
• ☐ Suspended execution of sentence: [________________________________]
• ☐ Probation: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ Other Conditions: [________________________________]

3. 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 excessive. The sentence is disproportionate to the nature and circumstances of the offense and 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. Manifest injustice. The sentence constitutes a manifest injustice warranting correction under SDCL § 23A-27-11. [________________________________]

☐ F. Presumptive probation eligibility. Defendant is eligible for presumptive probation under SDCL § 23A-27-18.4 and the court should reconsider the sentence accordingly. [________________________________]

☐ G. Other grounds. [________________________________]

Filing Deadline Compliance

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

☐ This motion seeks correction of an illegal sentence, which may be filed at any time.

☐ This motion is filed under SDCL § 23A-27-11 to correct manifest injustice.

☐ This motion is filed within the time permitted by [applicable rule or statute]: [________________________________].

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 is a veteran of the United States Armed Forces: [________________________________]

☐ 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 SD DOC 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 [________________________________].

☐ Suspend the execution of the remaining sentence and place Defendant on probation for [________________________________] pursuant to SDCL § 23A-27-18.

☐ Suspend the imposition of sentence pursuant to SDCL § 23A-27-13 and place Defendant on probation.

☐ 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. SDCL § 23A-27-18 authorizes the sentencing court to suspend the execution of any sentence imposed during good behavior, subject to such conditions or restitutions as the court may impose.

2. SDCL § 23A-27-13 permits the court to suspend the imposition of sentence on a felony defendant and place the defendant on probation when satisfied that the ends of justice and the best interest of the public and defendant will be served.

3. SDCL § 23A-27-11 permits the court, after sentence, to set aside a judgment of conviction to correct manifest injustice.

4. South Dakota courts retain inherent authority to correct illegal sentences at any time. State v. Oban, 372 N.W.2d 125 (S.D. 1985).

5. SDCL § 23A-27-18.4 establishes presumptive probation for certain qualifying offenses, limiting incarceration for lower-level offenders.

Proposed Order

STATE OF SOUTH DAKOTA

COUNTY OF [________________________________]

IN CIRCUIT COURT, [________________________________] JUDICIAL CIRCUIT

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:

State's Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

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

_____________________________________________
[________________________________]
Attorney for Defendant
S.D. Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

South Dakota Practice Notes

• Suspended Imposition vs. Execution: South Dakota distinguishes between suspended imposition of sentence (SDCL § 23A-27-13) and suspended execution of sentence (SDCL § 23A-27-18). The former results in no adjudication of guilt upon successful completion; the latter suspends a specific sentence already imposed.
• Presumptive Probation: Under SDCL § 23A-27-18.4, certain lower-level offenses qualify for presumptive probation. Courts must impose probation unless specific statutory exceptions apply.
• Manifest Injustice Standard: Under SDCL § 23A-27-11, the manifest injustice standard is a high bar requiring a clear showing that the sentence resulted in fundamental unfairness.
• No Formal Rule 35: South Dakota does not have a state-level Rule 35 equivalent. Sentence modification is governed by statute and inherent judicial authority.
• DOC Programming: Evidence of completion of South Dakota Department of Corrections programs and assessments can support a modification request.
• Victim Notification: South Dakota law requires victim notification under certain circumstances. Verify compliance with SDCL Chapter 23A-28B (Crime Victims' Rights).

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 South Dakota attorney before filing.