(a) Correction of Sentence. On motion of the defendant or the attorney for the State, or on the court’s own motion, made within one year after a sentence is imposed, the justice or judge who imposed sentence may correct an illegal sentence or a sentence imposed in an illegal manner.(b) Reduction of Sentence Before Commencement of Execution. The justice or judge who imposed sentence may reduce a sentence prior to the commencement of execution thereof.(c) Reduction of Sentence After Commencement of Execution.(1)Timing of Motion. On motion of the defendant or the attorney for the State, or on the court’s own motion, made within one year after a sentence is imposed and before the execution of the sentence is completed, the justice or judge who imposed sentence may reduce that incomplete sentence.(2)Ground of Motion. The ground of the motion shall be that the original sentence was influenced by a mistake of fact that existed at the time of sentencing.(d)Definitions. A sentence is the entire order of disposition, including conditions of probation, supervised release and administrative release, suspension of sentence, and whether it is to be served concurrently with, or consecutively to, another sentence. A revision of sentence from imprisonment to probation is a permissible reduction of sentence. A reduction of sentence is either an obvious reduction or a change of sentence to which the defendant consents.(e) Power of Trial Court Pending an Appeal. If an appeal is pending, the clerk of the Unified Criminal Docket shall immediately send notice to the clerk of the Law Court of the filing of the motion made under subdivisions (a) or (c); the court shall conduct a hearing and either deny the motion made under subdivisions (a) or (c) or certify to the Law Court that it would grant the motion, but the court may grant the motion only on remand of the case.(f) Appeal by Defendant. A defendant may appeal from an adverse ruling of the court made under subdivision (a) or (c) to the Law Court as provided by the Maine Rules of Appellate Procedure.(g) Appeal by State. The Maine Rules of Appellate Procedure govern the procedure for an appeal by the State to the Law Court from an adverse ruling of the court relative to a State-initiated motion made under subdivision (a) or (c).
