Motion to Reconsider Sentence - Tennessee

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

Check only factors supported by the facts and explain the evidence for each. Tennessee Code Annotated § 40-35-113 permits the following mitigating factors when appropriate to the offense; factor (13) also permits another factor consistent with the purposes of the sentencing chapter.

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

☐ (2) The defendant acted under strong provocation.

☐ (3) Substantial grounds tend to excuse or justify the conduct, though they do not establish a defense.

☐ (4) The defendant played a minor role in the offense.

☐ (5) Before detection, the defendant compensated or made a good faith effort to compensate the victim for injury or damage.

☐ (6) Because of youth or old age, the defendant lacked substantial judgment when committing the offense.

☐ (7) The defendant sought to provide necessities for the defendant or the defendant's family.

☐ (8) A mental or physical condition significantly reduced culpability; voluntary intoxication alone does not qualify under this factor.

☐ (9) The defendant helped authorities uncover another person's offense or detect or apprehend its perpetrator.

☐ (10) The defendant helped authorities locate or recover property or a person involved in the crime.

☐ (11) Unusual circumstances show the offense was unlikely to reflect a sustained intent to break the law.

☐ (12) The defendant acted under duress or another person's domination, although those circumstances do not establish a defense.

☐ (13) Another factor consistent with the sentencing chapter's purposes: [________________________________]

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: Tennessee Rule 35 requires filing within 120 days after the trial court imposes the sentence. Verify the deadline and available relief under the current Tennessee rule before filing. Federal Rule of Criminal Procedure 35 has different provisions: correction of clear error within 14 days after sentencing, or reduction for substantial assistance on the government's motion; it contains no 120-day appellate-mandate filing period.
• 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.