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Rule 22. Sentence, judgment andcommitment.

 

(a) Time forsentencing.  Upon the entry of a plea or verdict of guilty orplea of no contest, the court must set a time for imposing sentence whichmay 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 alterbail or recognizance. Before imposing sentence the court must afford thedefendant an opportunity to make a statement and to present anyinformation in mitigation of punishment, or to show any legal cause whysentence should not be imposed. The prosecuting attorney must also be given anopportunity to present any information material to the imposition of sentence.

 

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

 

(c) Sentencingadvisories.

 

(c)(1) Upon a verdict orplea of guilty or plea of no contest, the court must impose sentence and mustenter a judgment of conviction which must include the plea or the verdict, ifany, and the sentence.  Following imposition of sentence, the court mustadvise the defendant of defendant's right to appeal, the time within which anyappeal must be filed and the right to retain counsel or have counselappointed 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 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 isunlawful 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 forwithdrawal of the plea. 

 

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

 

(e) Correcting asentence.  

 

(e)(1) Types of sentences. The court mustcorrect 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 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) Post-sentence appellate decisions. Thecourt must correct the sentence of a defendant who can prove that the sentenceis unconstitutional under a rule established or ruling issued by the UnitedStates Supreme Court, the Utah Supreme Court, or the Utah Court of Appeals aftersentence was imposed, and the rule or ruling was not dictated by precedentexisting at the time the defendant?s conviction or sentence became final.

 

(e)(3)  Timefor 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 factssupporting the claim could have been discovered through the exercise of duediligence.  A motion under the other provisions may befiled at any time.

 

(f) Sentencingand mentally ill offenders.  Upon a verdict or plea of guilty andmentally ill, the court must impose sentence in accordance with Title 77,Chapter 16a, 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 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 appliedretroactively.