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Rule 26.8. The State's Disclosure Duty; Objections and Corrections to a 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 26.8
Rule 26.8. The State's Disclosure Duty; Objections and Corrections to a Presentence Report
Currentness
(a) The State's Disclosure Duty. The State must disclose any information in its possession or control it has not already disclosed that would tend to reduce the defendant's punishment.
(b) Notice of Objections. At least one day before the presentencing hearing, each party must notify the court and other parties of the party's objections, if any, to the contents of any report prepared under Rules 26.4, 26.5 or 26.7(c).
(c) Corrections to a Presentence Report. If the court sustains any objection to a presentence report's contents, it may take appropriate action, including but not limited to:
(1) excising portions of the report, including any objectionable language;
(2) ordering a new presentence report to be prepared with specific instructions and directions;
(3) directing that a different probation officer prepare a new presentence report; or
(4) ordering the presentence report sealed.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 26.8, AZ ST RCRP Rule 26.8
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.
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