Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES
Part A - Sentencing Procedures
Rule 704 - Procedure at Time of Sentencing
Universal Citation: 234 PA Code ยง 704
Current through Register Vol. 54, No. 12, March 23, 2024
(A) TIME FOR SENTENCING.
(1) Except as provided by
Rule 702(B), sentence in a court case shall ordinarily be imposed within 90
days of conviction or the entry of a plea of guilty or nolo
contendere.
(2) When the date for
sentencing in a court case must be delayed, for good cause shown, beyond the
time limits set forth in this rule, the judge shall include in the record the
specific time period for the extension.
(3) In a summary case appeal, sentence shall
be imposed immediately following a determination of guilt at a trial de novo in
the court of common pleas.
(B) ORAL MOTION FOR EXTRAORDINARY RELIEF.
(1) Under extraordinary circumstances, when
the interests of justice require, the trial judge may, before sentencing, hear
an oral motion in arrest of judgment, for a judgment of acquittal, or for a new
trial.
(2) The judge shall decide a
motion for extraordinary relief before imposing sentence, and shall not delay
the sentencing proceeding in order to decide it.
(3) A motion for extraordinary relief shall
have no effect on the preservation or waiver of issues for post-sentence
consideration or appeal.
(C) SENTENCING PROCEEDING.
(1) At the time of sentencing, the judge
shall afford the defendant the opportunity to make a statement in his or her
behalf and shall afford counsel for both parties the opportunity to present
information and argument relative to sentencing.
(2) The judge shall state on the record the
reasons for the sentence imposed.
(3) The judge shall determine on the record
that the defendant has been advised of the following:
(a) of the right to file a post-sentence
motion and to appeal, of the time within which the defendant must exercise
those rights, and of the right to assistance of counsel in the preparation of
the motion and appeal;
(b) of the
rights,
(i) if the defendant is indigent, to
proceed in forma pauperis and to proceed with appointed counsel as provided in
Rule 122, or,
(ii) if represented
by retained counsel, to proceed with retained counsel unless the court has
granted leave for counsel to withdraw pursuant to Rule 120(B);
(c) of the time limits within
which post-sentence motions must be decided;
(d) that issues raised before or during trial
shall be deemed preserved for appeal whether or not the defendant elects to
file a post-sentence motion; and
(e) of the defendant's qualified right to
bail under Rule 521(B).
(4) The judge shall require that a record of
the sentencing proceedings be made and preserved so that it can be transcribed
as needed. The record shall include:
(a) The
record of any stipulation made at a pre-sentence conference; and
(b) a verbatim account of the entire
sentencing proceeding.
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