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 DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

OF THE STATE OF WYOMING, IN AND FOR [________________________________] COUNTY

Introduction

COMES NOW the Defendant, [________________________________], by and through [his/her] attorney, [________________________________], and respectfully moves this Honorable Court pursuant to Rule 35 of the Wyoming 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 Wyo. Stat. § [________________________________].

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

• ☐ Incarceration with WY DOC: [________________________________]
• ☐ County jail: [________________________________]
• ☐ Suspended sentence: [________________________________]
• ☐ Probation: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ 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. The sentence does not appropriately reflect the nature of the offense and the character of the Defendant. [________________________________]

☐ 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. Sentencing disparity. The sentence is disproportionate to sentences imposed on similarly situated defendants. [________________________________]

☐ F. Probation is appropriate. Defendant meets the criteria for probation under Wyo. Stat. § 7-13-301. [________________________________]

☐ G. Other grounds. [________________________________]

Filing Deadline Compliance

This motion is timely filed pursuant to W.R.Cr.P. Rule 35(b):

☐ The sentence was imposed on [__/__/____], and this motion is filed on [__/__/____], which is within 120 days.

☐ Probation was revoked on [__/__/____], and this motion is filed within 120 days.

Calculation:
- Date of sentencing/revocation: [__/__/____]
- 120th 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: [________________________________]

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 WY 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 incarceration from [________________________________] to [________________________________].

☐ Suspend the remaining term of incarceration pursuant to Wyo. Stat. § 7-13-302.

☐ Place Defendant on probation for [________________________________] pursuant to Wyo. Stat. § 7-13-301.

☐ 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. W.R.Cr.P. Rule 35(b) provides that the court may reduce a sentence within 120 days after the sentence is imposed or probation is revoked. The purpose is to give "every convicted defendant a second round before the sentencing judge" and afford "the judge an opportunity to reconsider the sentence in the light of any further information about the defendant or the case." Arland v. State, 788 P.2d 1 (Wyo. 1990).

2. W.R.Cr.P. Rule 35(a) provides that the court may correct an illegal sentence at any time.

3. Wyo. Stat. § 7-13-301 authorizes probation when the court is satisfied that the ends of justice and the best interest of the public and the defendant will be served.

4. Wyo. Stat. § 7-13-302 authorizes the court to suspend the execution of a sentence and release the defendant on probation under conditions the court deems appropriate.

5. Courts have interpreted the 120-day period as allowing the court to act on a timely-filed motion within a reasonable time, even if the court's ruling occurs beyond the 120-day window.

6. Video conferencing may be used for W.R.Cr.P. Rule 35 hearings.

Proposed Order

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

OF THE STATE OF WYOMING, IN AND FOR [________________________________] COUNTY

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.

☐ Hearing to be conducted ☐ in person ☐ by video conference.

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 and Prosecuting Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing/service

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

Wyoming Practice Notes

• 120-Day Deadline: The motion must be filed within 120 days of sentencing or probation revocation. However, courts have interpreted this as permitting the court to act on a timely-filed motion beyond the 120 days.
• Court's Own Motion: The court may reduce a sentence without motion within the 120-day period.
• Illegal Sentence: An illegal sentence may be corrected at any time under Rule 35(a).
• Video Conferencing: Wyoming allows video conferencing for Rule 35 hearings, which may facilitate hearings for incarcerated defendants.
• Federal Model: Wyoming's Rule 35 is modeled on the federal rule. Federal case law interpreting Federal Rule 35 may be persuasive authority.
• Probation Authority: Under Wyo. Stat. § 7-13-301, probation is appropriate when the court is satisfied that the ends of justice and the best interests of the public and defendant will be served.
• Appeal: Denial of a Rule 35 motion may be appealed to the Wyoming Supreme Court.

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 Wyoming attorney before filing.