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Rule 22. Sentence, judgment and commitment.

 

(a) Time for sentencing.? Uponthe entry of a plea or verdict of guilty or plea of no contest, the court shallset a time for imposing sentence which may be not less than two nor morethan 45 days after the verdict or plea, unless the court, with the concurrenceof the defendant, otherwise orders. Pending sentence, the court may commit thedefendant or may continue or alter bail or recognizance. Before imposingsentence the court shall afford the defendant an opportunity to make astatement and to present any information in mitigation of punishment, orto show any legal cause why sentence should not be imposed. The prosecutingattorney shall also be given an opportunity to present any information materialto the imposition of sentence.

(b) Defendant?s absence.? On thesame grounds that a defendant may be tried in defendant's absence, defendantmay likewise be sentenced in defendant's absence. If a defendant fails toappear for sentence, a warrant for defendant's arrest may be issued by thecourt.

(c) Sentencing advisories.

(c)(1) Upon a verdict orplea of guilty or plea of no contest, the court shall impose sentence and shallenter a judgment of conviction which shall include the plea or the verdict, ifany, and the sentence.  Following imposition of sentence, the courtshall advise the defendant of defendant's right to appeal, the time withinwhich any appeal shall be filed and the right toretain counsel or have counsel appointed by the court if indigent.

(c)(2) If the defendantis convicted of a misdemeanor crime of domestic violence, as defined in UtahCode ? 77-36-1, the court shall 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 isunlawful for the defendant to possess, receive or transport any firearm orammunition. The failure to advise does not render the plea invalid or form thebasis for withdrawal of the plea. 

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

(e) Correcting the sentence. ?Thecourt may correct a sentence when the sentence 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 ambiguousas to the time and manner in which it is to be served;

(e)(1)(E) is internallycontradictory; or

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

(e)(2)? Timefor filing.? A motion under (e)(1)(C),(e)(1)(D), or (e)(1)(E) shall be filed no later than one year from the date thefacts supporting the claim could have been discovered through the exercise ofdue 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 mentallyill, the court shall impose sentence in accordance with Title 77, Chapter16a, Utah Code. If the court retainsjurisdiction over a mentally ill offender committed to the Department of HumanServices as provided by Utah Code ? 77-16a-202(1)(b),the court shall so specify in the sentencing order.

 

Effective May 1, 2018