Court Rules | Del. J. P. Ct. Crim. R. 32 | 2018
(a) Sentence.
(1) Imposition of sentence. -- Sentence shall be imposed without unnecessary delay, but the Court may, when there is a factor important to the sentencing determination that is not then capable of being resolved, postpone the imposition of sentence for a reasonable time until the factor is capable of being resolved. When there is a presentence investigation, the Court shall provide the counsel for the defendant or the defendant, if acting pro se , and the prosecuting agency with the presentence officer's determination of the sentencing classifications and sentencing guideline range believed to be applicable to the case. At the sentencing hearing, the Court shall afford the counsel for the defendant and the prosecuting agency an opportunity to comment upon the presentence officer's determination and on other matters relating to the appropriate sentence. Before imposing sentence, the Court shall also -
(A) Determine that the defendant's counsel or, when the defendant is acting pro se , the defendant, have had the opportunity to read the presentence investigation report made available pursuant to subsection (c)(3);
(B) Afford counsel for the defendant an opportunity to speak on behalf of the defendant, and
(C) Address the defendant personally and determine if the defendant wishes to make a statement and to present any information in mitigation of the sentence.
The prosecuting agency shall have an equivalent opportunity to speak to the Court. The victim shall have an opportunity to speak, in accordance with guidelines established by the Court. Upon a motion that is jointly filed by the defendant and by the prosecuting agency, the Court may hear in camera such a statement by the defendant, counsel for the defendant, or the prosecuting agency.
(2) Notification of right to appeal. -- After imposing sentence in a case which has gone to trial on a plea of not guilty, the Court shall advise a defendant who is not represented by counsel of the defendant's right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis . There shall be no duty on the Court to advise the defendant of any right of appeal after sentence is imposed following a plea of guilty or nolo contendere or where no right of appeal exists.
(b) Judgment. -- A judgment of conviction shall set forth the plea, findings, adjudication and sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge and entered by the clerk.
(c) Presentence investigation.
(1) When made. -- A presentence officer shall make a presentence investigation and report to the Court before the imposition of sentence when the Court, after considering the benefit of immediate sentencing and whether there is in the record information sufficient to enable a meaningful exercise of sentencing authority, directs. Except with the written consent of the defendant, the report shall not be submitted to the Court or its contents disclosed to anyone unless the defendant has pleaded guilty or nolo contendere or has been found guilty.
(2) Report. -- Unless the Court orders a limited investigation, the report of the presentence investigation shall contain information about the history and characteristics of the defendant, including prior criminal record, if any, financial condition and any circumstances affecting the defendant's behavior that may be helpful in imposing sentence or in the correctional treatment of the defendant. The investigation shall also include such other information as may be required by statute or the Court.
(3) Disclosure. -- Prior to sentencing, the Court shall allow the defendant's counsel or, when the defendant is acting pro se , the defendant, and the prosecuting agency to read the report of the presentence investigation, but not including any final recommendation as to sentence. The Court shall afford the parties an opportunity to comment on the report and, in the discretion of the Court, to present information relating to any alleged factual inaccuracy contained in it. If the comments or information presented allege any factual inaccuracy in the presentence investigation report, the Court shall, as to each matter controverted, make (i) a finding as to the allegation, or (ii) a determination that no such finding is necessary because the matter controverted will not be taken into account in sentencing. At the request of a party at sentencing a written record of such findings and determinations shall be appended to and accompany any copy of the presentence investigation report thereafter made available to the Department of Correction.
(d) Plea withdrawal. -- If a motion for withdrawal of a plea of guilty or nolo contendere is made before imposition or suspension of sentence or disposition without entry of a judgment of conviction, the Court may permit withdrawal of the plea upon a showing by the defendant of any fair and just reason. At any later time, a plea may be set aside only to prevent manifest injustice.
(e) Partial confinement; probation. -- After conviction of an offense, the Court may impose a term of partial confinement or probation if permitted by law, or any other disposition authorized by 11 Del. C. § 4204.