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RCr 11.02 Sentence

Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
XI Judgment; Execution (Refs & Annos)
Kentucky Rules of Criminal Procedure (RCr) Rule 11.02
RCr 11.02 Sentence
(1) Sentence shall be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue or alter the bail. Before imposing sentence the court shall, if the defendant is guilty of a felony, cause a presentence investigation to be conducted, examine and consider the report, and furnish a copy of the report to the attorney for the Commonwealth and the attorney for the defendant no later than two (2) business days prior to final sentencing. The defendant may waive the presentence investigation report pursuant to KRS 532.050. The court shall consider the possibility of probation or conditional discharge and shall afford the defendant and the defendant's counsel an opportunity to make a statement or statements in the defendant's behalf and to present any information in mitigation of punishment.
(2) After imposing sentence in a case tried on a plea of not guilty, the court shall advise the defendant of his or her right to appeal and of the right of a person who is unable to pay the cost of an appeal, or unable to employ counsel, to apply for leave to appeal in forma pauperis and to have the continued assistance of counsel to perfect and prosecute the appeal. If the defendant is proceeding without counsel and so requests, the clerk of the court shall prepare a notice of appeal for the defendant's signature and shall file the notice forthwith.

Credits

HISTORY: Amended by Order 2009-01, eff. 4-1-09; prior amendments eff. 3-1-99 (Order 98-3), 9-1-81 (Order 81-5), 1-1-67; adopted eff. 1-1-63
Rules Crim. Proc., Rule 11.02, KY ST RCRP Rule 11.02
Current with amendments received through September 1, 2022. Some sections may be more current, see credits for details.
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