# La. Sup. Ct. R. App. A-3: Appendix A-3. UNIFORM MOTION TO CORRECT AN ILLEGAL SENTENCE > Louisiana · Court rules · In force URL: https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RA_3 ## Section - **Citation:** La. Sup. Ct. R. App. A-3 - **Heading:** Appendix A-3. UNIFORM MOTION TO CORRECT AN ILLEGAL SENTENCE - **Jurisdiction:** Louisiana - **Kind:** Court rules - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Louisiana Court Rules / Rules of the Supreme Court of Louisiana / La. Sup. Ct. R. App. A-3 ## Text STATE OF LOUISIANA : DOCKET NO. __________, DIVISION/SECTION __________ : ___________ JUDICIAL DISTRICT COURT VERSUS : PARISH OF ____________________________ _________________________ : STATE OF LOUISIANA UNIFORM MOTION TO CORRECT AN ILLEGAL SENTENCE For the Time Limitations for filing this motion, please see La. C.Cr.P. Art. 882(A), which states that an illegal sentence may be corrected at any time. A motion to correct an illegal sentence must point to an illegal term in your sentence; otherwise it will be construed as an application for postconviction relief subject to the time limits established in La. C.Cr.P. Art. 930.8 and the exclusive grounds for relief described in La. C.Cr.P. Art. 930.3. GENERAL INSTRUCTIONS – READ CAREFULLY Please carefully review and follow all of the following instructions: 1. Use this form for the filing of all motions to correct an illegal sentence. Make sure to indicate in the designated box whether this is the first or a subsequent motion to correct an illegal sentence. 2. A false statement of a material fact may serve as the basis for a criminal prosecution. All questions must be answered concisely in the proper space on the form. You may attach additional pages stating the facts that support your claim for relief. No lengthy citations of authorities or legal arguments are necessary. 3. When the motion is completed, the original motion must be filed in the District Court for the parish in which the mover was convicted and sentenced. 4. A copy of any filing sent by the mover to the Court must also be sent by the mover to the prosecutor. CLAIMS FOR CORRECTION OF AN ILLEGAL SENTENCE INSTRUCTIONS – READ CAREFULLY You must point to a claimed "illegal term" in your sentence in order to receive relief. The currently recognize grounds for relief are listed below. Please check the applicable box or boxes. □ The sentence is not authorized by the law or laws which govern the penalty. □ The sentence is indeterminate to the prosecutor. CLAIMS FOR CORRECTION OF AN ILLEGAL SENTENCE INSTRUCTIONS – READ CAREFULLY You must point to a claimed "illegal term" in your sentence in order to receive relief. The currently recognize grounds for relief are listed below. Please check the applicable box or boxes. □ The sentence is not authorized by the law or laws which govern the penalty. □ The sentence is indeterminate. □ A decision of substantive constitutional law prohibits the punishment for a type of crime or a class o offenders. □ The sentence was imposed without counsel present and the presence of counsel was not waived. □ The punishment ultimately imposed constitutes an ex post facto violation or a judicial decision violate the due process right of notice and fair warning. WHEN NOT TO USE THIS FORM 1. A claim that a sentence is excessive, that is a sentence which falls within the sentencing limits but nonetheless violates the Louisiana Constitution, does not qualify as an illegal sentence for the purposes of obtaining relief under La. C.Cr.P. Art. 882. Please be sure to determine whether your sentence would qualify for relief for a different reason. See, e.g., State ex rel. Morgan v. State, 217 So. 3d 266 (La. 2016). If so, see instructions below. 2. If you are trying to file an application for postconviction relief pursuant to La. C.Cr.P. Arts. 924–930.9, you must use either the First Uniform Application for Postconviction Relief or the Second or Subsequent Uniform Application for Postconviction Relief. 3. If your complaint involves the computation of time you are serving or have served, you must first file for administrative relief with the Department of Corrections, then request review of any unfavorable decision in the 19th Judicial District Court in East Baton Rouge Parish. However, a request for credit for time served may be filed in the district court where you were convicted and sentenced. f your complaint involves the computation of time you are serving or have served, you must first file for administrative relief with the Department of Corrections, then request review of any unfavorable decision in the 19th Judicial District Court in East Baton Rouge Parish. However, a request for credit for time served may be filed in the district court where you were convicted and sentenced. REQUIRED ATTACHMENT A copy of the Louisiana Uniform Commitment Order of conviction and sentence must be attached to the motion (if it is available), or the motion must allege that is unavailable. Date of this Motion: ____ / _____ / 20____ Name of Mover: DOC Number: Place of Confinement: District Court Case Number: Parish of Conviction: Name of Trial Judge: Offense(s) for which you were convicted: Do any of the convictions involve a sex offense, a human trafficking-related offense, or an offense where the victim was a minor under the age of eighteen years (see La. R.S. 46:1842(1.1) and 46:1844(W))? [Check One] Yes □ No □ Date of Conviction: ____ / _____ / ______ Conviction by: [Check One] Guilty Plea □ Trial by Jury □ Trial by Judge □ Date of Sentencing: ____ / _____ / ______ Sentence: Name of Attorney who represented you at the time of conviction, trial, or sentencing: Multiple Offender Proceeding: [Check One] Yes □ No □ Stipulated (pled guilty) to multiple bill: [Check if Applicable] Yes □ No □ Adjudicated after hearing: [Check if Applicable] Yes □ No □ What grade of Multiple Offender: [Check if Applicable] 2nd □ 3rd □ 4th □ Sentence on Multiple Offender Bill: [If Applicable] Provide a brief summary of the reasons why you are entitled to relief in the following space. Name of Counsel who represented you on appeal: Appeal of conviction and sentence: [Check One] Yes □ No □ Appellate Case #: Appeal of Multiple Bill: [Check One] Yes □ No □ Appellate Case #: Writ to Louisiana Supreme Court: [Check One] Yes □ No □ Supreme Court Case #: : [If Applicable] Provide a brief summary of the reasons why you are entitled to relief in the following space. Name of Counsel who represented you on appeal: Appeal of conviction and sentence: [Check One] Yes □ No □ Appellate Case #: Appeal of Multiple Bill: [Check One] Yes □ No □ Appellate Case #: Writ to Louisiana Supreme Court: [Check One] Yes □ No □ Supreme Court Case #: Action by Supreme Court: [Check if Applicable] Granted □ Denied □ Date of Action: ____ / _____ / ______ Rehearing to Supreme Court: [Check if Applicable] Granted □ Denied □ Date of Action: ____ / _____ / ______ PRIOR MOTIONS TO CORRECT AN ILLEGAL SENTENCE INSTRUCTIONS – READ CAREFULLY Please provide a list below of all prior motions to correct an illegal sentence filed by you or on your behalf in connection with the sentence at issue in this motion. If you are currently raising any issue that you have presented before, please also list that motion, no matter how the motion was titled. If you have filed more than one motion to correct an illegal sentence, provide the information for each additional motion on a separate sheet of paper. District Court Case Number: Parish of Conviction: Date of Filing: ___ / ____ / _____ Illegal Term Alleged: Was relief granted or denied? [Check One] Yes □ No □ Date of Disposition: ___ / ____ / _____ Did you receive a hearing? [Check One] Yes □ No □ Did you file a writ to the Court of Appeal? [Check One] Yes □ No □ Which Circuit?[Check One] 1□ 2□ 3□ 4□ 5□ Appellate Case #: Sought writ to Louisiana Supreme Court? [Check One] Granted □ Denied □ Not Sought □ Supreme Court Case #: Date of Ruling ___ / ____ / _____ You may use a separate sheet of paper to provide any additional necessary information as it relates to your motion to correct an illegal sentence. Wherefore, Mover prays that the Court grant Mover relief to which he/she may be entitled. ____ / _____ / 20____ [Day / Month/ Year] Court? [Check One] Granted □ Denied □ Not Sought □ Supreme Court Case #: Date of Ruling ___ / ____ / _____ You may use a separate sheet of paper to provide any additional necessary information as it relates to your motion to correct an illegal sentence. Wherefore, Mover prays that the Court grant Mover relief to which he/she may be entitled. ____ / _____ / 20____ [Day / Month/ Year] ______________________________________ [Signature of Mover] STATE OF LOUISIANA : DOCKET NO. __________, DIVISION/SECTION __________ : ___________ JUDICIAL DISTRICT COURT VERSUS : PARISH OF ____________________________ _________________________ : STATE OF LOUISIANA ORDER [For Use by the Court] Considering the foregoing motion to correct an illegal sentence, this Honorable Court hereby: □ DENIES this motion. □ ORDERS that the State file a response to this motion on or before the _____day of ____________, 20_____. □ ORDERS that the motion be set for a contradictory hearing on the _____day of ____________, 20_____ at ________ A.M./P.M. The Court may choose to provide any additional reasons for its decision in the space below or in a separate document. Signed in ___________________, Louisiana, this _____day of ____________, 20_____. _________________________________________ JUDGE CLERK: PLEASE SERVE ALL PARTIES ## Nearby sections - [La. Sup. Ct. R. App. A-1 Appendix A-1. FIRST UNIFORM APPLICATION FOR POST-CONVICTION RELIEF](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RA_1.md) - [La. Sup. Ct. R. App. A-2 Appendix A-2. SECOND OR SUBSEQUENT UNIFORM APPLICATION FOR POST-CONVICTION RELIEF](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RA_2.md) - [La. Sup. Ct. R. App. A-3 Appendix A-3. UNIFORM MOTION TO CORRECT AN ILLEGAL SENTENCE](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RA_3.md) - [La. Sup. Ct. R. App. B Appendix B. UNIFORM CAPITAL SENTENCE REPORT](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RB.md) - [La. Sup. Ct. R. App. C Appendix C. CIVIL WRIT APPLICATION FILING SHEET](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RC.md) - [La. Sup. Ct. R. App. D Appendix D. CRIMINAL WRIT APPLICATION FILING SHEET](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RD.md) - [La. Sup. Ct. R. App. E Appendix E. CIVIL PRIORITY FILING SHEET](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RE.md) - [La. Sup. Ct. R. App. F Appendix F. CRIMINAL PRIORITY FILING SHEET](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RF.md) - [La. Sup. Ct. R. App. G-1 Appendix G-1. RECORDS SAMPLE COVER SHEET](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RG_1.md) - [La. Sup. Ct. R. App. G-2 Appendix G-2. EXAMPLE OF COMPLETED SAMPLE COVER SHEET](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RG_2.md) - [La. Sup. Ct. R. I Rule I. General Filing and Confidentiality Requirements](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RI.md) - [La. Sup. Ct. R. II Rule II. Fees](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RII.md) - [La. Sup. Ct. R. III Rule III. Preparation of Records](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RIII.md) - [La. Sup. Ct. R. IV Rule IV. Briefs](https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RIV.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_LA_SCR_RA_3. Check the current official text before relying on it. Not legal advice.