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.