Rule 22. Sentence, judgment and commitment.


(a) Time for sentencing.  Upon the entry of a plea or verdict of guilty or plea of no contest, the court must set a time for imposing sentence which may be not less than two nor more than 45 days after the verdict or plea, unless the court, with the concurrence of the defendant, otherwise orders. Pending sentence, the court may commit the defendant or may continue or alter bail or recognizance. Before imposing sentence the court must afford the defendant an opportunity to make a statement and to present any information in mitigation of punishment, or to show any legal cause why sentence should not be imposed. The prosecuting attorney must also be given an opportunity to present any information material to the imposition of sentence.


(b) Defendant’s absence.  On the same grounds that a defendant may be tried in defendant's absence, defendant may likewise be sentenced in defendant's absence. If a defendant fails to appear for sentence, a warrant for defendant's arrest may be issued by the court.


(c) Sentencing advisories.


(c)(1) Upon a verdict or plea of guilty or plea of no contest, the court must impose sentence and must enter a judgment of conviction which must include the plea or the verdict, if any, and the sentence.  Following imposition of sentence, the court must advise the defendant of defendant's right to appeal, the time within which any appeal must be filed and the right to retain counsel or have counsel appointed by the court if indigent.


(c)(2) If the defendant is convicted of a misdemeanor crime of domestic violence, as defined in Utah Code § 77-36-1, the court must advise the defendant orally or in writing that, if the case meets the criteria of 18 U.S.C. § 921(a)(33) or Utah Code § 76-10-503, then pursuant to federal law or state law it is unlawful for the defendant to possess, receive or transport any firearm or ammunition. The failure to advise does not render the plea invalid or form the basis for withdrawal of the plea. 


(d) Commitment.  When a jail or prison sentence is imposed, the court must issue its commitment setting forth the sentence. The officer delivering the defendant to the jail or prison must deliver a true copy of the commitment to the jail or prison and must make the officer's return on the commitment and file it with the court.


(e) Correcting a sentence.  


(e)(1) Types of sentences. The court must correct a sentence when the sentenced imposed:


(e)(1)(A) exceeds the statutorily authorized maximums;


(e)(1)(B) is less than statutorily required minimums;


(e)(1)(C) violates Double Jeopardy;


(e)(1)(D) is ambiguous as to the time and manner in which it is to be served;


(e)(1)(E) is internally contradictory; or


(e)(1)(F) omits a condition required by statute or includes a condition prohibited by statute.


(e)(2) Post-sentence appellate decisions. The court must correct the sentence of a defendant who can prove that the sentence is unconstitutional under a rule established or ruling issued by the United States Supreme Court, the Utah Supreme Court, or the Utah Court of Appeals after sentence was imposed, and the rule or ruling was not dictated by precedent existing at the time the defendant’s conviction or sentence became final.


(e)(3)  Time for filing.  A motion under (e)(1)(C), (e)(1)(D), or (e)(1)(E) must be filed no later than one year from the date the facts supporting the claim could have been discovered through the exercise of due diligence.  A motion under the other provisions may be filed at any time.


(f) Sentencing and mentally ill offenders.  Upon a verdict or plea of guilty and mentally ill, the court must impose sentence in accordance with Title 77, Chapter 16a, Utah Code. If the court retains jurisdiction over a mentally ill offender committed to the Department of Human Services as provided by Utah Code § 77-16a-202(1)(b), the court must so specify in the sentencing order.


Effective July 1, 2019


Committee Note

A defendant may rely on subparagraph (e)(2) only when the rule or ruling is to be applied retroactively.