Motion to Reconsider Sentence - Wisconsin

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

STATE OF WISCONSIN

CIRCUIT COURT

[________________________________] COUNTY

Introduction

COMES NOW the Defendant, [________________________________], by and through [his/her] attorney, [________________________________], and respectfully moves this Honorable Court pursuant to Wis. Stat. § 973.19 to modify 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 Wis. Stat. § [________________________________].

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

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

• ☐ Initial confinement: [________________________________]
• ☐ Extended supervision: [________________________________]
• ☐ Probation: [________________________________]
• ☐ County jail: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ Other Conditions: [________________________________]

4. The sentencing court stated the following factors as the basis for the sentence: [________________________________]

5. The conviction arose from the following circumstances: [________________________________]

Grounds for Reconsideration

Defendant respectfully requests modification of the imposed sentence for the following reasons:

☐ A. New factor exists. A fact or set of facts highly relevant to the imposition of sentence, but not known to the trial judge at the time of sentencing, has come to light: [________________________________]

☐ B. The sentence was unduly harsh or unconscionable. The sentence so shocks the public sentiment and violates the judgment of reasonable people that its modification is warranted. [________________________________]

☐ C. Changed circumstances since sentencing. Since the imposition of sentence, the following material changes have occurred that constitute a new factor: [________________________________]

☐ D. Information inaccurately presented at sentencing. The sentencing court relied upon inaccurate information in imposing sentence: [________________________________]

☐ E. Other grounds. [________________________________]

Filing Deadline Compliance

This motion is timely filed pursuant to Wis. Stat. § 973.19:

☐ The sentence was entered on [__/__/____], and this motion is filed on [__/__/____], which is within 90 days. Defendant has NOT requested transcripts under § 809.30(2).

☐ This motion is based on a "new factor" discovered after the 90-day period. The new factor was discovered on or about [__/__/____], and this motion is filed within a reasonable time of discovery.

☐ This motion challenges the sentence as unduly harsh or unconscionable and is filed within a reasonable time.

Court Action Deadline: Within 90 days after filing, the court must enter an order either determining the motion or extending the time for determination by not more than 90 additional days for cause.

Mitigating Factors

The following mitigating factors support sentence modification:

☐ 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: [________________________________]

☐ 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 WI DOC 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 initial confinement from [________________________________] to [________________________________].

☐ Modify extended supervision from [________________________________] to [________________________________].

☐ Convert incarceration to probation for [________________________________].

☐ Modify probation conditions as follows: [________________________________]

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

☐ Modify restitution requirements: [________________________________]

☐ Other requested modification: [________________________________]

Legal Authority

This motion is supported by the following legal authority:

1. Wis. Stat. § 973.19 authorizes a defendant sentenced to imprisonment or ordered to pay a fine to move the court to modify the sentence within 90 days after entry, provided transcripts have not been requested under § 809.30(2). The court must act within 90 days of filing or extend the time by not more than 90 additional days for cause.

2. "New Factor" Standard: A circuit court has inherent power to modify a previously imposed sentence based on a "new factor" — a fact or set of facts highly relevant to the imposition of sentence but not known to the trial judge at original sentencing. State v. Harbor, 2011 WI 28, 333 Wis. 2d 53, 797 N.W.2d 828. However, the existence of a new factor does not automatically entitle the defendant to relief; the court retains discretion.

3. Unduly Harsh Standard: A court may also modify a sentence that it concludes was unduly harsh or unconscionable, even without a new factor. However, a court may not reduce a sentence "merely upon reflection or second thoughts." State v. Klubertanz, 2006 WI App 71, 291 Wis. 2d 751, 713 N.W.2d 116.

4. Post-Sentencing Conduct: Post-sentencing conduct does not constitute a new factor for purposes of sentence modification. State v. Champion, 2002 WI App 267, 258 Wis. 2d 781, 654 N.W.2d 242.

5. Wis. Stat. § 973.195 provides for sentence adjustment through the positive adjustment time mechanism.

Proposed Order

STATE OF WISCONSIN

CIRCUIT COURT, [________________________________] COUNTY

Having considered Defendant's Motion to Modify Sentence, any response by the State, and the record in this matter:

IT IS HEREBY ORDERED that the Motion to Modify 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[____].

_____________________________________________
Circuit Court Judge

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion to Modify Sentence was served upon:

District Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

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

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

Wisconsin Practice Notes

• 90-Day Statutory Period: The motion must be filed within 90 days of the sentence being entered, provided transcripts have not been requested under § 809.30(2). If transcripts have been requested, use postconviction proceedings instead.
• "New Factor" Motions: A "new factor" motion may be filed at any time but must be based on facts highly relevant to sentencing that were not known to the judge at the time of sentencing. Post-sentencing conduct is not a new factor.
• No Automatic Relief: Even when a new factor is established, the court retains discretion to deny modification. The defendant must show the new factor warrants sentence modification.
• Court Action Deadline: The court must act within 90 days of filing or extend the time by up to 90 additional days for cause.
• Truth-in-Sentencing: Wisconsin's truth-in-sentencing framework divides sentences into initial confinement and extended supervision. Both components may be subject to modification.
• Sentence Adjustment: Wis. Stat. § 973.195 provides for positive adjustment time, a separate mechanism from § 973.19 sentence modification.
• Postconviction Coordination: If the defendant has already initiated postconviction proceedings under § 809.30, the sentence modification request should be included in those proceedings rather than filed separately under § 973.19.

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 Wisconsin attorney before filing.