What is a motion for modification of sentence on appeal?

A motion for modification of sentence on appeal is a legal proceeding in the state of Virginia where an appellee or defendant requests that the appellate court modify the sentence handed out in the lower court. Generally, a motion for modification of sentence is made if a defendant believes the sentence imposed was too harsh or unfair relative to the facts and circumstances of the case. It is the duty of the appellate court to review the facts of the case and determine if modification of the sentence is warranted. In order to grant the motion, the appellate court must determine that the original sentencing court committed an abuse of discretion in determining the sentence. When filing a motion for modification of sentence on appeal in Virginia, the plea agreement between the appellee and the lower court must be reviewed for any potential legal or factual issues that could support the modification. In addition, the appellee must provide legal arguments supporting why the sentence should be modified, including evidence of an abuse of discretion by the lower court. Generally, a motion for modification of sentence can be filed only after the appellate court has been presented with the entire record of the original case. In summation, a motion for modification of sentence on appeal in Virginia is an opportunity for a defendant to argue that the original sentence was too harsh or unfair, and to ask the appellate court to modify the sentence based on the facts and circumstances of the case. Generally, the court will consider the legal arguments and evidence provided by the appellee prior to making a determination on the motion.

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What is a motion for modification of sentence on appeal?

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