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14 Cards in this Set
- Front
- Back
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380.20 If an accusatory instrument contains multiple counts and a conviction is entered on more than one count, the court must... |
pronounce sentence on each count. |
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380.30 Upon entering a conviction, the court must: |
1. fix a date for pronouncing sentence; or 2. fix a date for one of the pre-sentence proceedings specified in article 400; or 3. pronounce sentence on date of conviction is entered in accordance with following provision: (see following provision on next card) |
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380.30 The court MAY sentence the defendant at the time the conviction is entered if: |
1. A pre- sentence report or fingerprint report (“rap sheet”) is not required or 2. Where such report is required, the report has been received, and 3. The court has asked defendant if he wishes an adjournment and has ruled on the request. The court may conduct one or more pre-sentence proceedings. Notice of any such proceeding issued after the date for pronouncing sentence has been fixed automatically adjourns the date for pronouncing sentence. In such case the court must fix a date for pronouncing sentence at the conclusion of such proceeding. |
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380.40 1. In general the defendant must be present at sentence. 2. However, for misdemeanor or petty offense, the court may... |
upon motion of defendant dispense with requirement that defendant be present. Such motion must include a waiver, signed and acknowledged by the defendant which recites the maximum sentence that may be imposed and waiving the right to be present. |
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380.40 Sentence may be pronounced against a corporation in the absence of counsel IF... |
counsel fails to appear on the date of sentence and after reasonable notice thereof. |
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380.50 The court must give an opportunity to make a statement at time of pronouncing sentence to the following: |
1) victim (or representative authorized by the court to speak for victim unable the attend or speak) 2) prosecutor 3) counsel for defendant 4) defendant |
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380.50 ** If defendant is being sentenced on a felony, victim may request to speak. Request must be made at least... |
10 days before sentencing date. Court must notify defendant of request at least 7 days before sentencing date. |
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380.55 If a defendant has assigned counsel at the time of sentencing, the court may entertain an application to proceed as a poor person during the appeal process. Denial of such a request does not preclude the defendant |
from making a new application to the appellate court. |
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380.60 Except in case of a sentence of death, a CERTIFICATE OF CONVICTION showing sentence pronounced by the court or a certified copy constitutes authority for |
execution of sentence and serves as order of commitment. |
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380.65 What must accompany defendant sentenced to imprisonment? |
Sentence and commitment/certificate of conviction and Order of protection or certified copies |
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380.70 Where there is an indeterminate sentence or determinate sentence, a certified copy of stenographic minutes of sentence, must be delivered to the person in charge of the institution within... |
30 days from date that such sentence was imposed. |
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380.80 When a person receives a sentence of imprisonment, the court must: |
1. deliver to the commissioner of social services the certificate of conviction, and 2. provide to the commissioner of social services notification of the sentence imposed. |
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380.90 When person under 19 who is enrolled in elementary or secondary school is sentenced for a crime, sentencing court shall... |
notify the designated educational office. Such notification shall be for purposes of student’s educational plan and shall not be part of the permanent school record and shall be destroyed at time student is no longer enrolled in school district. If youthful offender, no notification is needed. |
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380.97 Upon judgment of conviction for assault and other listed misdemeanors, the clerk shall... |
send a copy of written determination to the DCJS to enable DCJS to report determination to FBI to identify persons prohibited from purchasing and possessing firearms. |
