What is a motion for modification of sentence on appeal?

A motion for modification of sentence on appeal is a legal request to reduce a criminal sentence. If a criminal defendant is convicted and sentenced for a crime in California, the defendant can appeal that conviction and sentence. As part of that appeal, the defendant can file a motion for modification of sentence. This motion asks the court to modify or reduce the sentence imposed. The court will consider the motion if the defendant can demonstrate the sentence is excessive. A sentence is considered excessive if it is too harsh, inconsistent with the defendant’s criminal background, or if it is outside the parameters of the current sentencing guidelines. If the court chooses to modify the sentence, it will substitute a lighter sentence in its place. The motion can also include arguments that the sentence should be modified because the defendant has since taken steps to better his life by completing educational or rehabilitation programs. The defendant may also argue that the modified sentence should be consistent with the sentences imposed in similar criminal cases. In California, the criminal appeals court can grant a motion for modification of sentence if it finds the sentence to be excessive for the crime or unreasonable in some way. However, the court can only modify the sentence—it cannot suspend it or reduce the sentence to zero. If the criminal appeals court grants the motion, the defendant can then be released from jail or prison, or the sentence could be reduced.

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