Rule 35 Has Been Amended

Rule 35 was amended and became effective on December 9. (To no great fanfare, if I might say so.) The new rule reads as follows (the new text has been underlined):

Rule 35. Correction or reduction of sentence.
(a) Illegal sentences. The court may correct a sentence that is illegal from the face of the record at any time.
(b) Sentences imposed in an illegal manner or reduction of sentence. The court may reduce a sentence within 120 days after the filing of a judgment of conviction or within 120 days after the court releases retained jurisdiction. The court may also reduce a sentence upon revocation of probation or upon motion made within fourteen (14) days after the filing of the order revoking probation. Motions to correct or modify sentences under this rule must be filed within 120 days of the entry of the judgment imposing sentence or order releasing retained jurisdiction and shall be considered and determined by the court without the admission of additional testimony and without oral argument, unless otherwise ordered by the court in its discretion; provided, however that no defendant may file more than one motion seeking a reduction of sentence under this Rule.
(c) Credit for time served prior to sentencing. A motion to correct the computation of credit for time served prior to sentencing may be made at any time.

The amendment was in response to State v. Clements, #35665, and a suggestion set forth in the concurring opinion. (SCOIDBlog discussed Clements in An Illegal Sentence Must be Illegal on its Face In Order to Get Rule 35 Relief. (October 15, 2009).)