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Rule 26.11. A Court's Duty After Pronouncing Sentence

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: December 6, 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: December 6, 2023
16A A.R.S. Rules Crim.Proc., Rule 26.11
Rule 26.11. A Court's Duty After Pronouncing Sentence
Currentness
(a) Disclosures. After pronouncing judgment and sentence, the court must:
(1) inform the defendant:
(A) of the right to appeal the judgment, sentence, or both;
(B) of the right to seek post-conviction relief;
(C) that the failure to file a timely notice of appeal or timely notice of post-conviction relief will result in the loss of those rights;
(D) of the right to apply to have the judgment of conviction set aside, except as provided in A.R.S. § 13-905(P);
(E) on the record of the right to the restoration of civil rights; and
(F) that the defendant may be eligible under A.R.S. § 13-911 to petition the court for an order that seals all case records of the defendant's arrest, conviction, and sentence that are related to the offense.
(2) advise that:
(A) if the defendant is indigent, as defined in Rule 6.1(b), the court will appoint counsel to represent the defendant on appeal;
(B) if the defendant is unable to pay for certified copies of the record on appeal and a certified transcript, the county will provide them; and
(C) the defendant may waive the right to appellate counsel by filing a written notice no later than 30 days after filing the notice of appeal.
(b) Written Notice. The court must provide the defendant with a written notice of the rights set forth in (a) and the procedures the defendant must follow to exercise them. The record must show affirmatively the defendant's receipt of the notice.
(c) Order for Lifetime No-Contact Injunction. If the defendant is convicted of an offense listed in A.R.S. § 13-719(A), upon request by the prosecutor or victim at the time of sentencing, the court must issue a written Order for Lifetime No-Contact Injunction to prohibit the defendant from contacting the victim.
(1) Confidential Victim Information Sheet. The prosecutor or victim must submit a Confidential Victim Information Sheet to the court before sentencing or at sentencing so that the court has the necessary information to issue the Order for Lifetime No-Contact Injunction.
(2) Providing the Order to the Victim. The clerk must provide a copy of the Order for Lifetime No-Contact Injunction to the victim or to the prosecutor if the prosecutor is providing victim advocate services to the victim.
(3) Serving the Defendant. The Order for Lifetime No-Contact Injunction must be served on the defendant if present at sentencing. The court must indicate on the Order for Lifetime No-Contact Injunction that the defendant was served with the order at sentencing. If the defendant is not present at the time of sentencing, Rule 43(i) of the Arizona Rules of Protective Procedure governs service of process.
(4) Forwarding the Order to the Department of Public Safety (“DPS”). The clerk or other court staff must promptly forward a copy of the Order for Lifetime No-Contact Injunction and Confidential Victim Information Sheet to DPS. The Confidential Victim Information Sheet cannot otherwise be made available to the public or the defendant to inspect, obtain copies of, or otherwise have access.
(5) Effective Date; Validity; Requests for Dismissal. An Order for Lifetime No-Contact Injunction is effective immediately upon service and is valid for the defendant's natural lifetime unless it is dismissed. Rule 43(j) of the Arizona Rules of Protective Order Procedure governs requests for dismissal.
(6) Forms. For purposes of assisting law enforcement and other agencies with recognizing an Order for Lifetime No-Contact Injunction, courts and parties must use the forms approved under Rule 43(k) of the Arizona Rules of Protective Order Procedure. Courts may make margin and caption changes.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended on an emergency basis June 15, 2018, effective Aug. 3, 2018, permanently adopted Dec. 13, 2018; amended on an emergency basis, effective Aug. 27, 2019, permanently adopted Dec. 12, 2019; amended on an emergency basis Sept. 15, 2022, effective Sept. 24, 2022; amended on an emergency basis, effective Aug. 29, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023; amended on an emergency basis Dec. 8, 2022, permanently adopted with additional amendments Aug. 24, 2023, effective Oct. 30, 2023; amended on an emergency basis Aug. 24, 2023, effective Oct. 30, 2023, permanently adopted Dec. 6, 2023.
16A A. R. S. Rules Crim. Proc., Rule 26.11, AZ ST RCRP Rule 26.11
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