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Rule 11 – Instructions by Judge After Sentencing or Contested Felony Probation Revocation

May 13, 2021 | Criminal Procedure, Indiana

Upon entering a conviction, whether the acceptance of a guilty plea or by finding or by verdict, the court shall sentence a defendant convicted in a criminal case within thirty (30) days of the plea or the finding or verdict of guilty, unless an extension for good cause is shown.

Following the sentencing of a defendant after a trial or following a judgment revoking probation of a defendant found to have violated the terms of his probation after a contested felony probation revocation proceeding, the judge shall immediately advise the defendant as follows:

(1) that he is entitled to take an appeal or file a motion to correct error;
(2) that if he wishes to file a motion to correct error, it must be done within thirty (30) days of the sentencing;
(3) that if he wishes to take an appeal, he must file a Notice of Appeal designating what is to be included in the record on appeal within thirty (30) days after the sentencing or within thirty (30) days after the motion to correct error is denied or deemed denied, if one is filed; if the Notice of Appeal is not timely filed, the right to appeal may be forfeited;
(4) that if he is financially unable to employ an attorney, the court will appoint counsel for defendant at public expense for the purpose of filing the motion to correct error and for taking an appeal.

Provided further that when a trial court imposes a death sentence, it shall also advise the defendant at sentencing that the court reporter and clerk will begin immediate preparation of the record on appeal.

The court shall then inquire of the defendant whether or not he wishes to appeal or file a Motion to Correct Error. If the defendant states that he does desire to do so, the court shall forthwith instruct trial counsel for defendant that it is his duty to consult with defendant and with defendant’s appeal counsel, if any, on the action to be taken.

The court shall then inquire of the defendant whether or not he is a pauper and has insufficient funds to employ an attorney. If the court finds that he is financially unable to employ counsel for an appeal and the defendant states that he desires an attorney for appeal, the court shall thereupon promptly appoint an attorney to represent the defendant in an appeal and notify the defendant at said time of said action.

The judge shall cause the court reporter to record the entire proceedings in connection with such sentencing or probation revocation, including questions, answers, statements made by the defendant and his attorney, if any, the prosecuting attorney and the judge, and promptly thereafter to transcribe the same in form similar to that in general use as a transcript of evidence in a trial.

Thereafter in any subsequent inquiry into the events occurring at these proceedings, such transcript shall be considered as part of the record on appeal. When properly certified by the clerk, such transcript or a copy thereof may be incorporated as a part of the record in any appeal.

Ind. R. Crim. P. 11