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Rule 26.4. Presentence Report

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VII. Post-Verdict Proceedings
Rule 26. Judgment, Presentence Report, Presentencing Hearing, Sentence (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 26.4
Rule 26.4. Presentence Report
(a) When Required. The court must order a presentence report in every case in which it has discretion over the penalty. However, a presentence report is optional if:
(1) the defendant may only be sentenced to imprisonment for less than one year;
(2) the court granted a request under Rule 26.3(a)(1)(B); or
(3) a presentence report concerning the defendant is already available.
(b) When Prepared. A presentence report may not be prepared until after the court makes a determination of guilt or the defendant enters a plea of guilty or no contest.
(c) When Due. Unless the court grants a request under Rule 26.3(a)(1)(B) for an earlier sentencing, the presentence report must be delivered to the sentencing judge and to all counsel at least two days before the date set for sentencing.
(d) Inadmissibility. Neither a presentence report nor any statement made in connection with its preparation is admissible as evidence in any proceeding bearing on the issue of guilt.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Former Rule 26.4, relating to pre-sentence report, was abrogated effective Jan. 1, 2018. See, now, this rule.
16A A. R. S. Rules Crim. Proc., Rule 26.4, AZ ST RCRP Rule 26.4
Current with amendments received through 08/15/19
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