RULES OF CRIMINAL PROCEDURE
VII. POST-VERDICT PROCEEDINGS
RULE 26. JUDGMENT, PRE-SENTENCE REPORT, PRE-SENTENCING HEARING, SENTENCE
Rule 26.3. Date of Sentencing; Extension
a. Date of Sentencing.
Superior Court. Upon a determination of guilt, the court shall set a date
for sentencing. Sentence shall be pronounced not less than 15 nor more than
30 days after the determination of guilt unless the court, after advising
the defendant of his or her right to a pre-sentence report, grants his or
her request that sentence be pronounced earlier.
Courts of Limited Jurisdiction. In limited jurisdiction courts, sentence
may be pronounced immediately upon determination of guilt unless the court
on its own motion, or upon request of a party or victim, orders that
sentence should be pronounced at a later date, not more than 30 days after
determination of guilt.
b. Extension of Time. If a pre-sentencing hearing is requested under Rule
26.7, or if good cause is shown, the trial court may reset the date of
sentencing within 60 days after the determination of guilt.
c. Capital Case.
Upon a determination of guilt in a capital case, the trial court shall
set a date for the aggravation/mitigation hearing if the state, pursuant to
Rule 15.1(g)(4), is not precluded from and is seeking the death penalty. The
penalty hearing shall be held not less than 60 days nor more than 90 days
after the determination of guilt unless good cause is shown. Upon a showing
of good cause, the trial court may grant additional time for the hearing
subject to the limitation of subparagraph (2) below.
A pre-aggravation/mitigation conference shall be held after the return of
a guilty verdict of first degree murder in a capital case no more than 10
days before the aggravation/mitigation hearing.