Motion to Reconsider Sentence - Vermont

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Original Sentence Summary
4. Grounds for Reconsideration
5. Filing Deadline Compliance
6. Mitigating Factors
7. Original Sentencing Evidence
8. Proposed Sentence Modification
9. Legal Authority
10. Proposed Order
11. Certificate of Service

Caption

STATE OF VERMONT

SUPERIOR COURT, CRIMINAL DIVISION

[________________________________] UNIT

Introduction

COMES NOW the Defendant, [________________________________], by and through [his/her] attorney, [________________________________], and respectfully moves this Honorable Court pursuant to 13 V.S.A. § 7042 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 13 V.S.A. § [________________________________].

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

• ☐ Incarceration with VT DOC: [________________________________]
• ☐ Suspended sentence: [________________________________]
• ☐ Probation: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ Conditions of release: [________________________________]
• ☐ 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 unduly severe. Upon reflection, the sentence exceeds what is necessary to serve the interests of justice. [________________________________]

☐ B. Circumstances present at original sentencing deserve renewed weight. The sentencing record showed [IDENTIFY THEN-EXISTING FACTS AND RECORD CITES], which supports a reduction because [________________________________].

☐ C. Information about facts existing at original sentencing was not fully presented. The then-existing facts were [________________________________]; the supporting record is [________________________________].

☐ D. Rehabilitation potential shown at original sentencing was undervalued. The then-existing treatment, education, work, or support evidence was [________________________________].

☐ 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 13 V.S.A. § 7042:

☐ The sentence was imposed on [__/__/____], and this motion is filed on [__/__/____], which is within 90 days of imposition.

☐ The Vermont Supreme Court entered an order or judgment upholding the judgment of conviction on [__/__/____], and this motion is filed within 90 days of that entry.

Calculation:

• Date of sentencing: [__/__/____]
• 90th day: [__/__/____]
• Date of filing: [__/__/____]

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: [________________________________]

Original Sentencing Evidence

Identify evidence of Defendant’s circumstances at the time of the original sentencing that supports a different sentence. Later prison programming or other post-sentencing changes are not grounds for this § 7042 motion.

☐ Substance-use treatment completed or begun before sentencing: [________________________________]

☐ Mental-health treatment completed or begun before sentencing: [________________________________]

☐ Employment history known at sentencing: [________________________________]

☐ Education or vocational training completed before sentencing: [________________________________]

☐ Family, community, or treatment supports available at sentencing: [________________________________]

☐ Compliance with conditions before sentencing: [________________________________]

☐ Restitution paid or arranged before sentencing: $[________________________________]

☐ Other mitigation existing at sentencing: [________________________________]

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 [________________________________].

☐ Reduce the unsuspended portion of the incarceration term to [________________________________], with any resulting probation terms specified in the proposed order.

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

☐ Reduce another sentence component under 13 V.S.A. § 7042(a), identifying the component, proposed reduction, and supporting authority: [________________________________]

Legal Authority

This motion is supported by the following legal authority:

1. 13 V.S.A. § 7042 provides that the court imposing a sentence may, within 90 days of imposition or within 90 days after entry of an order of the Vermont Supreme Court upholding the conviction, reduce the sentence upon its own initiative or motion of the defendant.

2. 13 V.S.A. § 7042 further provides that the State's Attorney or the Attorney General may file a motion within seven business days of imposition to increase, reduce, or otherwise modify the sentence; after hearing, the court may confirm, increase, reduce, or otherwise modify the sentence.

3. Section 7041 governs deferred sentencing, a separate route. Vermont 2026 Act 93 removed the blanket presentence-investigation requirement effective July 1, 2026: listed crimes generally require an investigation unless the parties waive it, while for other crimes the court may order one. This motion seeks a reduction under § 7042(a), so the proposed order must identify a reduction the sentencing court can grant.

Proposed Order

STATE OF VERMONT

SUPERIOR COURT, CRIMINAL DIVISION

[________________________________] UNIT

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[____].

_____________________________________________
Superior 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
VT Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Vermont Practice Notes

• 90-Day Deadline: Section 7042(a) measures the defendant's motion from imposition of sentence or entry of a Vermont Supreme Court order or judgment upholding the conviction.
• State's Attorney Counter-Motion: The State's Attorney or Attorney General may file a motion to increase, reduce, or otherwise modify the sentence within 7 business days of imposition. After hearing, the court may confirm, increase, reduce, or otherwise modify the sentence.
• Separate State Route: Section 7042(b) gives the State's Attorney or Attorney General a separate seven-business-day motion route, including a possible increase after hearing.
• Court Initiative: The court may reduce the sentence on its own initiative within the 90-day period.
• Evidence: Attach records supporting circumstances that existed at the original sentencing; do not rely on later rehabilitation or changed prison conditions as § 7042 grounds.

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 Vermont attorney before filing.