Motion to Reconsider Sentence - Utah

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 [________________________________] JUDICIAL DISTRICT COURT

IN AND FOR [________________________________] COUNTY, STATE OF UTAH

Introduction

COMES NOW the Defendant, [________________________________], by and through [his/her] attorney, [________________________________], and respectfully moves this Court under the specifically selected authority below to correct the sentence imposed on [__/__/____] or to modify probation. Rule 22(e) is limited to its enumerated sentence-correction grounds; it is not a general vehicle to revisit a lawful discretionary sentence based only on rehabilitation, changed circumstances, or new mitigation. In support thereof, Defendant states as follows:

Original Sentence Summary

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

2. The offense was classified as a:
   - ☐ First Degree Felony
   - ☐ Second Degree Felony
   - ☐ Third Degree Felony
   - ☐ Class A Misdemeanor
   - ☐ Class B Misdemeanor
   - ☐ Other: [________________________________]

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

• ☐ Incarceration with Utah DOC: [________________________________]
• ☐ County jail: [________________________________]
• ☐ Probation: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ Other Conditions: [________________________________]

4. 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 exceeds a statutorily authorized maximum. Rule 22(e)(1)(A). [________________________________]

☐ B. The sentence is below a statutorily required minimum. Rule 22(e)(1)(B). [________________________________]

☐ C. The sentence violates Double Jeopardy. Rule 22(e)(1)(C). [________________________________]

☐ D. The sentence is ambiguous as to the time or manner of service. Rule 22(e)(1)(D). [________________________________]

☐ E. The sentence is internally contradictory. Rule 22(e)(1)(E). [________________________________]

☐ F. The sentence omits a condition required by statute or includes a condition prohibited by statute. Rule 22(e)(1)(F). [________________________________]

☐ G. A retroactively applicable post-sentence appellate rule or ruling makes the sentence unconstitutional. Rule 22(e)(2). [________________________________]

☐ H. Probation modification or early termination is requested under Utah Code § 77-18-108. [________________________________]

☐ I. Resentencing after the conviction or prior sentence was set aside is limited by Utah Code § 76-3-405. [________________________________]

Filing Deadline Compliance

☐ This motion proceeds under Rule 22(e)(1)(C), (D), or (E) and is filed no later than one year from the date the supporting facts could have been discovered through due diligence.

☐ This motion proceeds under another provision of Rule 22(e), which the rule permits to be filed at any time.

☐ This motion seeks modification or early termination of probation under Utah Code § 77-18-108, including the required docket review and restitution finding before early termination.

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

☐ 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's military service record: [________________________________]

☐ 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 Utah DOC or AP&P 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 remaining term of incarceration and place Defendant on probation for [________________________________].

☐ Modify probation conditions as follows: [________________________________]

☐ Terminate probation early pursuant to Utah Code § 77-18-108, after the required criminal-accounts-receivable review and restitution finding.

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

☐ Modify restitution requirements: [________________________________]

☐ Correct the illegal sentence to conform with statutory requirements.

☐ Other requested modification: [________________________________]

Legal Authority

This motion is supported by the following legal authority:

1. Utah R. Crim. P. Rule 22(e) requires correction only for the sentence defects enumerated in Rule 22(e)(1), and for a retroactively applicable post-sentence appellate rule or ruling under Rule 22(e)(2). Motions under (e)(1)(C), (D), and (E) have the one-year due-diligence period in (e)(3); the other Rule 22(e) motions may be filed at any time.

2. Utah Code § 77-18-108(2) permits probation modification in accordance with the adult sentencing and supervision length guidelines and requires a docket review and restitution finding before early termination.

3. Utah Code § 76-3-405 limits a new sentence after a conviction or prior sentence has been set aside; it is not the general consecutive/concurrent-sentence statute.

4. Utah Code § 77-18a-1 identifies appealable criminal orders and judgments. Utah R. App. P. 4(a) generally requires the notice of appeal within 30 days after entry of the judgment or order appealed from.

5. The Utah Sentencing Guidelines provide advisory guidance relevant to a properly authorized probation-modification request.

Proposed Order

IN THE [________________________________] JUDICIAL DISTRICT COURT

IN AND FOR [________________________________] COUNTY, STATE OF UTAH

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[____].

_____________________________________________
District 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:

[________________________________] County Attorney / District Attorney
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing/service (Utah eFiling)

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

Utah Practice Notes

• Sentence Correction: Match the requested correction to a specific Rule 22(e)(1) or (e)(2) ground. Double-Jeopardy, ambiguity, and internal-contradiction motions have Rule 22(e)(3)'s one-year due-diligence period.
• Probation Modification: Utah Code § 77-18-108 governs modification and early termination; early termination requires review of criminal accounts receivable and a restitution finding.
• Sentencing Guidelines: Utah uses advisory sentencing guidelines developed by the Utah Sentencing Commission. These are non-binding but influential.
• AP&P Reports: Adult Probation and Parole (AP&P) reports may be relevant to demonstrating rehabilitation and compliance.
• Electronic Filing: Utah courts use the eFiling system for electronic filing. Verify local court requirements.
• Domestic Violence Notification: Under Rule 22, the court must notify a defendant convicted of a domestic violence misdemeanor regarding federal firearms prohibitions.
• Appeal of Sentence: Utah Code § 77-18a-1 supplies the appeal right and Utah R. App. P. 4(a) generally supplies the 30-day deadline. Rule 4(b)'s tolling list does not include a Rule 22(e) 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 Utah attorney before filing.

Sources and References

• Utah R. Crim. P. 22: https://legacy.utcourts.gov/rules/view.php?type=urcrp&rule=22
• Utah Code ch. 77-18: https://le.utah.gov/xcode/Title77/Chapter18/C77-18_1800010118000101.pdf
• Utah Code § 76-3-405: https://le.utah.gov/xcode/Title76/Chapter3/C76-3-S405_2025050720250507.pdf
• Utah Code ch. 77-18a: https://le.utah.gov/xcode/Title77/Chapter18A/C77-18a_1800010118000101.pdf
• Utah R. App. P. 4: https://legacy.utcourts.gov/rules/view.php?type=urap&rule=4