Motion to Reconsider Sentence - Washington

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Relief
5. Mitigating Factors
6. Rehabilitation Evidence
7. Proposed Modified Sentence
8. Legal Authority
9. Proposed Order
10. Certificate of Service
11. State-Specific Notes

Caption

SUPERIOR COURT OF WASHINGTON

COUNTY OF [________________________________]

Motion Header

DEFENDANT'S MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO CrR 7.8

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and pursuant to Superior Court Criminal Rule 7.8, respectfully moves this Court for relief from the judgment and sentence entered on [__/__/____], and in support thereof states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. DOC Number (if applicable): [________________________________]

3. Date of Sentencing: [__/__/____]

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Offender Score: [____]

7. Standard Sentencing Range: [________________________________]

8. Plea or Verdict: ☐ Guilty Plea ☐ Jury Verdict ☐ Bench Trial

9. Sentence Imposed: [________________________________]

10. Sentence Relative to Standard Range: ☐ Within standard range ☐ Exceptional sentence above ☐ Exceptional sentence below

11. Date Judgment Became Final: [__/__/____]

12. One-Year Filing Deadline (RCW 10.73.090): [__/__/____]

Grounds for Relief

Defendant seeks relief from the judgment on the following grounds (CrR 7.8(b)):

☐ A. Mistake, Inadvertence, Surprise, or Excusable Neglect (CrR 7.8(b)(1)). [________________________________]

☐ B. Newly Discovered Evidence (CrR 7.8(b)(2)). Evidence has been discovered that by due diligence could not have been discovered in time to move for a new trial: [________________________________]

☐ C. Fraud, Misrepresentation, or Misconduct (CrR 7.8(b)(3)). The judgment was obtained through fraud, misrepresentation, or other misconduct of an adverse party: [________________________________]

☐ D. Void Judgment (CrR 7.8(b)(4)). The judgment is void because: [________________________________]

☐ E. Any Other Reason Justifying Relief (CrR 7.8(b)(5)). Relief is warranted because: [________________________________]

☐ F. Sentence Based on Void Statute (CrR 7.8(c)(2)(i)). Defendant is serving a sentence under a statute that a higher court has determined to be void, invalid, or unconstitutional: [________________________________]

☐ G. Sentencing Error. The sentence was imposed in error: [________________________________]

☐ H. Disproportionate Sentence. The sentence is clearly excessive: [________________________________]

☐ I. Cooperation with Authorities. Defendant has provided substantial cooperation with law enforcement: [________________________________]

Mitigating Factors

The following mitigating factors support relief:

☐ Defendant's age at the time of the offense: [________________________________]

☐ Defendant's current age: [________________________________]

☐ Prior criminal history (or lack thereof): [________________________________]

☐ Role in the offense: [________________________________]

☐ Mental health conditions: [________________________________]

☐ Substance abuse history and recovery: [________________________________]

☐ Impact on Defendant's dependents: [________________________________]

☐ Employment and work history: [________________________________]

☐ Military service: [________________________________]

☐ Community ties: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant has achieved the following:

A. Programs Completed:

B. Employment and Vocational Training:

[________________________________]

C. Educational Achievements:

[________________________________]

D. Community Ties and Reentry Plan:

[________________________________]

E. Support Letters:

☐ Letters from family members (number attached: [____])

☐ Letters from community members (number attached: [____])

☐ Letters from institutional staff (number attached: [____])

☐ Letters from prospective employers (number attached: [____])

F. Disciplinary Record:

[________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court grant the following relief:

[________________________________]

Legal Authority

A. CrR 7.8 — Provides grounds for relief from judgment, including mistake, newly discovered evidence, fraud, void judgment, and any other reason justifying relief.

B. RCW 10.73.090 — Imposes a one-year time limit on collateral attacks after the judgment becomes final. Exceptions are enumerated in RCW 10.73.100.

C. RCW 10.73.100 — Exceptions to the one-year time limit include: (1) newly discovered evidence; (2) statute held unconstitutional; (3) sentence not authorized by law; (4) insufficient evidence; (5) new rule of constitutional law; (6) certificate of innocence or restoration.

D. CrR 7.8(c) — Requires the superior court to transfer defendant-filed motions to the Court of Appeals as personal restraint petitions unless the motion is not time-barred and the defendant makes a substantial showing of entitlement or a factual hearing is required.

E. Additional Authority:

[________________________________]

Proposed Order

SUPERIOR COURT OF WASHINGTON

COUNTY OF [________________________________]

Case No.: [________________________________]

ORDER ON DEFENDANT'S MOTION FOR RELIEF FROM JUDGMENT

THIS MATTER having come before the Court on Defendant's Motion for Relief from Judgment pursuant to CrR 7.8. The Court having reviewed the motion, the State's response, and the record:

IT IS HEREBY ORDERED that:

☐ The motion is GRANTED. The judgment and sentence entered on [__/__/____] is vacated and Defendant is resentenced as follows: [________________________________]

☐ The motion is DENIED.

☐ The motion is TRANSFERRED to the Court of Appeals, Division [____], for consideration as a personal restraint petition pursuant to CrR 7.8(c)(2).

Dated: [__/__/____]

_________________________________________
Hon. [________________________________]
Judge, Superior Court

Certificate of Service

I hereby certify that on [__/__/____], I served a copy of the foregoing Motion for Relief from Judgment on:

☐ Hand delivery
☐ United States Mail, first class, postage prepaid
☐ Electronic filing via [________________________________]

[________________________________] County Prosecuting Attorney's Office
[________________________________]
[________________________________]

Dated: [__/__/____]

_________________________________________
[________________________________]
Attorney for Defendant
WSBA No.: [________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Filing Deadline: CrR 7.8 motions must be brought within a "reasonable time." Grounds under subsections (b)(1)-(3) (mistake, newly discovered evidence, fraud) are limited to one year after the judgment becomes final. RCW 10.73.090 independently imposes a one-year time limit on all collateral attacks, with specific exceptions listed in RCW 10.73.100.

Transfer to Court of Appeals: Under CrR 7.8(c), the superior court must transfer defendant-filed motions to the Court of Appeals for disposition as a personal restraint petition unless the court finds: (1) the motion is not time-barred, and (2) the defendant makes a substantial showing of entitlement to relief or a factual hearing is required. This transfer rule significantly affects the procedural posture of most CrR 7.8 motions.

Distinction from Appeal: A CrR 7.8 motion is a collateral attack — it does not affect the finality of the judgment or suspend its operation. It is separate from a direct appeal.

CR 59 Reconsideration: For immediate post-sentencing reconsideration, CR 59 provides a 10-day window from the order entry. This is a narrower vehicle limited to errors of law or fact apparent in the record.

Retroactive Sentencing Changes: CrR 7.8(c)(2)(i) specifically provides relief for defendants serving sentences under a statute that a higher court has determined to be void, invalid, or unconstitutional. General retroactivity of sentencing changes depends on the specific legislation or appellate decision.

Pending Legislation: HB2595 (2025-2026 session) proposes extending the one-year collateral attack limit under RCW 10.73.090 to three years. Practitioners should monitor this bill for developments.

Sentencing Alternatives: Washington offers several sentencing alternatives that may be relevant to modification requests, including Drug Offender Sentencing Alternative (DOSA), Special Sex Offender Sentencing Alternative (SSOSA), First-Time Offender Waiver, and Parenting Sentencing Alternative.