Arizona

Criminal Procedure

Criminal Procedure

Rule 26.3 – Sentencing Date and Time Extensions

(a)Sentencing Date.

(1)Superior Court.

(A) Generally. Upon a determination of guilt, the court must set a date for sentencing.
(B) Deadline for Sentencing. The court must pronounce sentence no less than 15 nor more than 30 days after the determination of guilt unless the court, after informing the defendant of the right to a presentence report, grants the defendant’s request that the court pronounce sentence earlier.
(C) The Defendant’s Presence or Absence. When setting a sentencing date, the court must order the defendant to be present for sentencing and, if the defendant fails to appear, issue a warrant for the defendant’s arrest. Additionally, following a conviction based on a trial, the court must notify the defendant that if the defendant’s absence prevents the court from sentencing the defendant no later than 90 days after the determination of guilt, the defendant will lose the right to have an appellate court review the trial proceedings by direct appeal.
(2)Limited Jurisdiction Courts. A limited jurisdiction court may pronounce sentence immediately upon determining guilt unless the court orders, on its own or on a party’s or a victim’s request, that the court will pronounce sentence at a later date that is not more than 30 days after the determination of guilt.
(b)Time Extension. If a presentencing hearing is requested under Rule 26.7 or for good cause, the court may reset the sentencing date, but the new date should be no later than 60 days after the determination of guilt.

Ariz. R. Crim. P. 26.3

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 26.3, relating to date of sentencing and extension, was abrogated effective January 1, 2018.