Home Table of Contents

Rule 26.10. Pronouncement of Judgment and Sentence

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: July 1, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VII. Post-Verdict Proceedings
Rule 26. Judgment, Presentence Report, Presentencing Hearing, Sentence (Refs & Annos)
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 26.10
Rule 26.10. Pronouncement of Judgment and Sentence
(a) Judgment. In pronouncing judgment on any noncapital count, the court must indicate whether the defendant's conviction is pursuant to a plea or trial, the offense for which the defendant was convicted, and whether the offense falls in the categories of dangerous, non-dangerous, repetitive, or non-repetitive offenses.
(b) If the defendant has not previously been convicted of a felony offense, the court's judgment of guilt and sentencing order or minute entry must include an explanation of the civil rights that will be automatically restored on the completion of probation or absolute discharge from imprisonment and payment of all victim restitution. If the defendant is not eligible for automatic restoration, the court's judgment of guilt and sentencing order or minute entry must include an explanation of when the defendant can apply to have civil rights restored.
(c) Sentence. When the court pronounces sentence, it must:
(1) give the defendant an opportunity to address the court;
(2) state that it has considered the time the defendant has spent in custody on the present charge;
(3) explain to the defendant the terms of the sentence or probation;
(4) specify the beginning date for the term of imprisonment and the amount of time to be credited against the sentence as required by law; and
(5) if the court sentences the defendant to a prison term, the court must send, or direct the clerk to send, to the Department of Corrections the sentencing order and copies of all presentence reports, probation violation reports, and medical and mental health reports prepared for, or relating to, the defendant.
(d) Fingerprinting. For any felony offense or a violation of A.R.S. §§ 13-1802, 13-1805, a domestic violence offense as defined in A.R.S. § 13-3601, a violation of Title 13, chapter 14, or a violation of Title 28, chapter 4, the court must arrange to permanently affix the defendant's right index fingerprint to the judgment of guilt and sentencing order or minute entry, or obtain the defendant's two fingerprint biometric-based identifier and record it in the court case file, at sentencing or, unless the court orders otherwise, no later than 30 days after sentencing.
(v) Victims' Rights.
(1) Victim's Opportunity to Address the Court. Before the court pronounces sentence, it also must give the victim an opportunity to address the court.
(2) Information from the Prosecutor. A victim has a right to be informed by the prosecutor of:
(A) the disposition of the case;
(B) the right to restitution, the items of loss within the scope of restitution, and the procedures for invoking that right; and
(C) the procedures for opting-in to post-conviction notification.
(3) Restitution. A victim has the right to present evidence or information and to make an argument to the court, personally or through counsel, at any proceeding to determine the amount of restitution under A.R.S § 13-804.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended and effective on an emergency basis August 9, 2017, adopted on a permanent basis Dec. 13, 2017; amended on an emergency basis Aug. 25, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022; amended on an emergency basis Sept. 15, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023. Amended Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 26.10, AZ ST RCRP Rule 26.10
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
End of Document