Iowa R. Crim. P. 2.23

As amended through September 9, 2024
Rule 2.23 - Judgment
2.23(1)Entry of judgment.
a. Acquittal. Upon a verdict of not guilty for the defendant or special verdict upon which a judgment of acquittal must be given, the court must render judgment of acquittal immediately.
b. Conviction. Upon a guilty plea, a guilty verdict, or a special verdict upon which a judgment of conviction may be rendered, the court must fix a date for pronouncing judgment, which must be within a reasonable time but not less than 15 days after the plea is entered or the verdict is rendered unless the defendant consents to a shorter time.
2.23(2)Imposition of sentence.
a. Written sentencing agreement. For misdemeanors and nonforcible class "D" felonies, with court approval, the parties may submit a written sentencing agreement pursuant to rule 2.27(3) (c) in place of in-person sentencing.
b. Informing the defendant. When the defendant appears for judgment, the court shall inform the defendant of the defendant's plea or the verdict and ask whether the defendant has any legal cause to show why judgment should not be pronounced. The defendant, by timely motion, may show for cause against the entry of judgment any sufficient ground for a new trial or in arrest of judgment.
c. Incompetency. The provisions of Iowa Code chapter 812 apply to sentencing proceedings.
d. Procedure. Before imposing sentence, the court shall do all of the following:
(1) Verify that the defendant and the defendant's attorney have read and discussed the presentence investigation report and any addendum to the report.
(2) Provide the defendant's attorney an opportunity to speak on the defendant's behalf.
(3) Address the defendant personally in order to permit the defendant to make a statement or present any information to mitigate the defendant's sentence.
(4) Provide the prosecuting attorney an opportunity to speak.
(5) After hearing any statements presented, the court shall address any victim of the crime who is present at the sentencing and shall allow any victim to be reasonably heard, including, but not limited to, by presenting a victim-impact statement in the manner described in Iowa Code section 915.21.
e. Other witnesses or evidence. Before receiving victim statements, the trial court, in its discretion, may permit either side to present additional witnesses or evidence in support of its position.
f. Basis for sentence imposed. The court shall ensure that the basis for the sentence imposed appears in the record. The court shall consider all of the following:
(1) The recommendation of the prosecuting attorney, subject to the terms of the plea agreement, if any.
(2) The recommendation of the defendant's attorney, subject to the terms of the plea agreement, if any, and any statement of the defendant.
(3) The statement of the victim or victims of the offense, if any, as provided by law.
(4) The content and recommendation of the presentence investigation report.
(5) All other factors required by law to be considered.
g. Judgment entered. If no sufficient cause is shown why judgment should not be pronounced, and none appears to the court upon the record, judgment shall be rendered. In every case, the court shall include in the judgment entry the number of the particular section of the Iowa Code under which the defendant is sentenced. The court shall state on the record the basis for the sentence imposed and shall particularly state the reason for imposition of any consecutive sentence.
h. Notification of right to appeal. After imposing sentence in a case, the court shall advise the defendant in open court and on the record of the following:
(1) That the defendant has a statutory right to appeal.
(2) That if the defendant pled guilty to an offense other than a class "A" felony, no appeal may be taken without good cause.
(3) The deadline for filing an appeal.
(4) That the deadline for appeal is jurisdictional and that failing to file an appeal on time and in the manner specified in Iowa Rule of Appellate Procedure 6.101 will mean the defendant cannot appeal.
(5) That a person who is unable to pay the costs of appeal can apply to the court for appointment of counsel and the preparation of transcripts as provided in Iowa Code sections 814.9, 814.10, and 814.11.
i. Clerical mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders.

Iowa. R. Crim. P. 2.23

66GA, ch 1245(2), § 1301; 67GA, ch 153, § 66 to 68; Report 1978, effective 7/1/1979; 1984 Iowa Acts, ch 1323, § 6; Report6/5/1985, effective 8/5/1985;11/9/2001, effective 2/15/2002; Court Order October 14, 2022, effective 7/1/2023; court order August 30, 2024, effective 10/30/2024.