The court may not sentence the defendant at the time conviction is entered
If after the court sets the date for pronouncing sentence it decides to have a pre-sentence proceeding, notice of such a proceeding automatically adjourns the date for pronouncing sentence
Except where the defendant is a corporation, the defendant must always be present at the time sentence is pronounced.
In general the document that serves as the authority for the execution of sentence and serves as the order of conviction is _____
Certificate of Conviction
indictment
information
complaint
Certificate of Charges
Where there is an indeterminate or determinate sentence, a certified copy of the minutes of sentence must be delivered to person in charge of institution within __ days from date sentence was imposed
10
20
30
45
60
Choose the best answer. The court may sentence the defendant at the time of conviction:
in all cases
if a pre-sentence report or a fingerprint report is required
where any such report is required the report has been received
both "if a pre-sentence report or a fingerprint report is required" and "where any such report is required the report has been received"
Choose the best answer. With reference to sentencing:
in general the defendant need not be present at time sentence is pronounced
Sentence may be pronounced against a corporation in absence of counsel
The authority for the execution of sentence is:
certificate of disposition of judgment
transcript of judgment
certificate of conviction
transcript of disposition of judgment
Where an indeterminate reformatory or alternative local reformatory sentence is imposed, a certified copy of the minutes of sentence proceedings must be delivered to institution within __ days from date sentence was imposed
15
Where a defendant is convicted of a felony sex offense, disclosure of HIV testing results shall be made to the court.
Generally, request for HIV testing must be made within ___ days after entry of defendant's conviction
5
A pre-sentence report is required where a person is convicted of a misdemeanor for a term of 180 days or more
the prosecutors pre-sentence memorandum must be served on defendant's attorney at least __ days prior to the date of sentence
Pre-sentence report must be made available to defendant, defendant's attorney, ad prosecutor not less than __ court days prior to sentencing
1
2
3
4
Copy of pre-sentence report must accompany the defendant to the correctional facility
Unless waived by the parties, a pre-sentence report must be made available by the court to __, not less than 1 day prior to sentencing
defendant's attorney, defendant (if no attorney) and prosecutors only
court, defendants attorney, defendant (if no attorney) and prosecutor only
defendant and defendant's attorney only
prosecutor and defendant's attorney only
A pre-sentence report must be ordered when a person is convicted of misdemeanor(s) for which the following sentence will be imposed
A sentence of probation
aggregate sentences totaling more than 60 days
Which of the following statements is correct?
A court may order a pre-sentence report in any case
Court must order a pre-sentence report in a misdemeanor
Court may order pre-sentence report in felony convictions
none of the above
Choose the best answer. In any case where a defendant is convicted of a felony, the court:
may order a pre-sentence investigation
must order a pre-sentence investigation
may pronounce sentence prior to receipt of pre-sentence report
