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 CRIMINAL COURT FOR [________________________________] COUNTY, TENNESSEE

[________________________________] JUDICIAL DISTRICT

Introduction

COMES NOW the Defendant, [________________________________], by and through [his/her] attorney, [________________________________], and respectfully moves this Honorable Court pursuant to Rule 35 of the Tennessee 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 T.C.A. § [________________________________].

2. The offense was classified as a Class [____] felony / Class [____] misdemeanor.

3. Defendant's Range was determined to be Range [____] (☐ Standard ☐ Multiple ☐ Persistent ☐ Career).

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

• ☐ Incarceration with TDOC: [________________________________]
• ☐ County jail/workhouse: [________________________________]
• ☐ Community Corrections: [________________________________]
• ☐ Probation: [________________________________]
• ☐ Split confinement: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ Other Conditions: [________________________________]

5. 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 exceeds what is necessary. The sentence does not serve the purposes of the Tennessee Criminal Sentencing Reform Act of 1989 as set forth in T.C.A. § 40-35-102. [________________________________]

☐ 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. Mitigating factors not adequately considered. The Court did not adequately weigh the enhancement and mitigating factors under T.C.A. § 40-35-113 and § 40-35-114. [________________________________]

☐ F. Alternative sentencing is appropriate. Defendant is eligible for an alternative sentence under T.C.A. § 40-35-104 that better serves the interests of justice. [________________________________]

☐ G. Other grounds. [________________________________]

Filing Deadline Compliance

This motion is timely filed pursuant to Tenn. R. Crim. P. Rule 35:

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

Calculation:

• Date of sentencing: [__/__/____]
• 120th day: [__/__/____]
• Date of filing: [__/__/____]

Mitigating Factors

The following mitigating factors under T.C.A. § 40-35-113 support a reduced sentence:

☐ The defendant's criminal conduct neither caused nor threatened serious bodily injury.

☐ The defendant acted under strong provocation.

☐ Substantial grounds exist tending to excuse or justify the defendant's conduct, though failing to establish a defense.

☐ The defendant played a minor role in the commission of the offense.

☐ Before detection, the defendant compensated or made a good faith effort to compensate the victim.

☐ The defendant has no history of criminal activity or has led a law-abiding life for a substantial period before the offense.

☐ The defendant's conduct was the result of circumstances unlikely to recur.

☐ The defendant's character and attitudes indicate that the defendant is unlikely to commit another criminal offense.

☐ The defendant exercised caution to avoid harming persons.

☐ The defendant was motivated by a desire to provide necessities for the defendant or the defendant's family.

☐ The defendant was suffering from a mental or physical condition that significantly reduced the defendant's culpability.

☐ Additional 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 TDOC 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 Community Corrections for [________________________________].

☐ Place Defendant on probation for [________________________________].

☐ Modify to split confinement: [________________________________] incarceration followed by [________________________________] probation.

☐ Transfer from TDOC to county jail/workhouse for [________________________________].

☐ Modify probation conditions as follows: [________________________________]

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

☐ Other requested modification: [________________________________]

Legal Authority

This motion is supported by the following legal authority:

1. Tenn. R. Crim. P. Rule 35 permits modification of a sentence within 120 days of imposition "in circumstances where an alteration of the sentence may be proper in the interests of justice." The modification may include any sentence otherwise permitted by law at the time of original sentencing, including probation and community corrections.

2. T.C.A. § 40-35-102 establishes the purposes of the Tennessee Criminal Sentencing Reform Act: punishment proportionate to the offense, prevention of crime, and encouraging rehabilitation.

3. T.C.A. § 40-35-210 sets forth the sentencing considerations, including enhancement and mitigating factors the court must weigh.

4. T.C.A. § 40-35-113 lists statutory mitigating factors the court must consider.

5. T.C.A. § 40-35-306 permits modification of jail and workhouse sentences and conversion to community corrections or probation in appropriate circumstances.

6. The denial of a Rule 35 motion may be appealed by the defendant; a modification may be appealed by the State.

Proposed Order

IN THE CRIMINAL COURT FOR [________________________________] COUNTY, TENNESSEE

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[____].

_____________________________________________
Criminal 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 General, [________________________________] Judicial District
[________________________________]
[________________________________]
[________________________________]

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

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

Tennessee Practice Notes

• Strict 120-Day Deadline: The motion must be filed within 120 days of the date the trial court imposes the sentence. This period cannot be extended or tolled. This differs from the federal rule, which allows filing within 120 days of an appellate mandate.
• Sentencing Reform Act: Tennessee uses the Criminal Sentencing Reform Act of 1989 (T.C.A. § 40-35-101 et seq.), which requires courts to consider specific enhancement and mitigating factors.
• Range Classification: Tennessee classifies offenders by range (Standard, Multiple, Persistent, Career), which affects the available sentencing range. Verify the defendant's classification.
• Alternative Sentencing: Rule 35 modification may include any alternative sentence authorized at the time of original sentencing, including community corrections, probation, and split confinement.
• Appeal Rights: The defendant may appeal denial of a Rule 35 motion but is not entitled to release on bond unless already under bond. The State may appeal any modification.
• Community Corrections: T.C.A. § 40-36-106 authorizes community corrections as an alternative, which may be requested through a Rule 35 motion.

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 Tennessee attorney before filing.