Motion to Reconsider Sentence - Wyoming

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 requests a reduction from incarceration to probation under Rule 35(b), subject to the offense limits in Wyo. Stat. § 7-13-302(a). Supporting facts: [________________________________]

☐ 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 [__/__/____], within one year.

☐ Probation was revoked on [__/__/____], and this motion is filed within one year.

☐ The court received an appellate mandate affirming the judgment or dismissing the appeal on [__/__/____], and this motion is filed within one year.

☐ The Wyoming Supreme Court entered an order or judgment denying review of, or effectively upholding, the conviction or probation revocation on [__/__/____], and this motion is filed within one year.

Calculation:

• Applicable Rule 35(b) event and date: [________________________________] / [__/__/____]
• One-year deadline: [__/__/____]
• 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 execution of the remaining term and grant probation under Rule 35(b) and Wyo. Stat. § 7-13-302(a), if the offense is eligible.

☐ Reduce incarceration to probation for [________________________________] under Rule 35(b) and Wyo. Stat. § 7-13-302(a), if the offense is eligible.

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

☐ Other requested modification: [________________________________]

Legal Authority

This motion is supported by the following legal authority:

1. W.R.Cr.P. Rule 35(b) permits a motion to reduce a sentence within one year after sentencing or probation revocation, receipt by the court of an appellate mandate affirming the judgment or dismissing the appeal, or a Wyoming Supreme Court order or judgment denying review of or effectively upholding the conviction or revocation.

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

3. Wyo. Stat. § 7-13-302(a) authorizes post-conviction suspension of sentence and probation except for crimes punishable by death or life imprisonment. Rule 35(b) permits a reduction from incarceration to probation.

4. Rule 35(b) permits the court to decide the motion with or without a hearing.

5. Rule 35(b) directs the court to determine a timely motion within a reasonable time.

6. Under W.R.Cr.P. 43.1(c)(3), video conferencing for a Rule 35 hearing is within the court's discretion.

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

• One-Year Deadline: File the motion within one year after an applicable Rule 35(b) event listed above. The court must determine the motion within a reasonable time.
• Court's Own Motion: The court may reduce a sentence without motion within the same one-year period.
• Illegal Sentence: An illegal sentence may be corrected at any time under Rule 35(a).
• Video Conferencing: A Rule 35 hearing may be conducted by video at the court's discretion under Rule 43.1(c)(3).
• Probation Authority: Rule 35(b) allows reduction from incarceration to probation; § 7-13-302(a) addresses probation after conviction and excludes offenses punishable by death or life imprisonment. Review any plea-agreement limits before requesting reduction.

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.