RULE 7.2
SENTENCING
(a) Generally. The court shall state the precise terms of the sentence
and shall assure that the record accurately reflects all time spent in
custody in connection with the offense or behavioral incident for which
sentence is imposed. Pending such action the court may release or commit
the defendant, pursuant to rule 3.2.
(b) Procedure at Time of Sentencing. The court shall, immediately after
sentencing, advise the defendant: (1) of the right to appeal the
conviction; (2) of the right to appeal a sentence outside the standard
sentence range; (3) that unless a notice of appeal is filed within 30 days
after the entry of the judgment or order appealed from, the right to appeal
is irrevocably waived; (4) that the superior court clerk will, if requested
by the defendant appearing without counsel, supply a notice of appeal form
and file it upon completion by the defendant; (5) of the right, if unable
to pay the costs thereof, to have counsel appointed and portions of the
trial record necessary for review of assigned errors transcribed at public
expense for an appeal; and (6) of the time limits on the right to
collateral attack imposed by RCW 10.73.090 and .100. These proceedings
shall be made a part of the record.
(c) Record. A verbatim record of the sentencing proceedings shall be made.
(d) Judgment and Sentence. For every felony sentencing, the clerk of
the court shall forward a copy of the uniform judgment and sentence to the
Sentencing Guidelines Commission. The uniform judgment and sentence shall
be a form prescribed by the Administrator for the Courts in conjunction with
the Supreme Court Pattern Forms Committee. If the sentence imposed departs
from the applicable standard sentence range, the court's written findings
of fact and conclusions of law shall also be supplied to the Commission.
Comment
The prior rule, CrR 7.1, is adopted as CrR 7.2.
In section (a), the added language is suggested by Minn. R. Crim. P.
27.03. The deleted language addressed matters that are now covered in more
detail in RCW 9.94A.110.
Section (b) is the same as the corresponding section in the prior rule,
except that subsections (1) and (2) are modified to reflect the provisions
of RCW 9.94A.210.
Section (c), concerning the withdrawal of a guilty plea, is deleted. In
the existing rules, the point is covered in both CrR 4.2 and CrR 7.1. (See
rule 4.2.) The language of the two provisions differs, but they appear to
be the same in substance. There is no apparent distinction between the two
provisions in the cases that have interpreted them. No loss of substance
occurs when the provision in CrR 7.1 is deleted, leaving the point governed
by CrR 4.2.
Section (c) is suggested by Minn. R. Crim. P. 27.03.
Section (d) is suggested by Minn. R. Crim. P. 27.03.
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |