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Rule 35 – Correction, Reduction and Modification of Sentence

May 14, 2021 | Criminal Procedure, Vermont

(a)Correction of Sentence. The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.
(b)Reduction of Sentence. The court, on its own initiative or on motion of the defendant, may reduce a sentence within 90 days after the sentence is imposed, or within 90 days after entry of any order or judgment of the Supreme Court upholding a judgment of conviction. The court may also reduce a sentence upon revocation of probation as provided by law. Changing a sentence from a sentence of incarceration to a grant of probation shall constitute a permissible reduction of sentence under this subdivision.
(c)Modification of Sentence on Motion of Prosecuting Attorney. A motion to modify a sentence filed by the prosecuting attorney shall be made within seven business days of the date of imposition of sentence.
(d)Procedure. A request for relief under this rule shall be by motion, and the procedure shall be governed by Rule 47.

Vt. R. Crim. P. 35

Added Dec. 8, 1981, eff. March 1, 1982; June 30, 1982, eff. July 1, 1982; Nov. 2, 1982, eff. Feb. 1, 1983; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018

Rule 35(c) is amended to specify that a prosecuting attorney’s motion to modify sentence must be made within seven business days of imposition of sentence. Addition of the term “business” to define the running of the days is required to render the rule consistent with the provisions of 13 V.S.A. § 7042(b), as amended by 2017, No. 11, §29.