Rule 32 - Sentence and Judgment(a)Sentence.(1)Imposition of Sentence. Sentence shall be imposed without unreasonable delay. A delay between verdict and imposition of sentence will not be deemed unreasonable if a defendant has not moved for imposition of sentence. Pending sentence the court may commit the defendant or continue or alter the bail. Before imposing sentence the court shall afford the defendant's attorney an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask the defendant if the defendant wishes to make a statement in the defendant's own behalf and to present any information in mitigation of punishment.(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 the defendant 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 be represented on appeal by the Public Defender or to appeal in forma pauperis.(b)Judgment. A judgment of conviction shall set forth the offense charged, the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty or for any reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judicial officer and entered by the clerk.(c)Presentence Investigation.(1)When Made. In every case in which a sentence of imprisonment for more than one (1) year may be imposed, except where the prescribed punishment is a mandatory term of life imprisonment, the administrator of probation and parole shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation. In all other cases the administrator shall make a presentence investigation and render a report when directed to do so by the court. Unless the defendant consents, the report shall not be submitted to the court or its contents disclosed to anyone before the defendant has pleaded guilty or nolo contendere or, if the defendant has proceeded to trial, before the defendant has been found guilty and all of the defendant's pending motions for a new trial have been denied.(2)Report. The report of the presentence investigation shall contain any prior criminal record of the defendant and such information about the defendant's characteristics, the defendant's financial condition, and the circumstances affecting the defendant's behavior as may be helpful in imposing or deferring sentence or in granting probation or in the correctional treatment of the defendant, and such other information as may be required by the court.(3)Disclosure. Before imposing sentence the court shall make the presentence report available to the prosecuting authority to aid the attorney in making a recommendation to the court concerning the sentence to be imposed. The court shall also make the report available for inspection to the attorney for the defendant or to the defendant if the defendant is not represented by an attorney, and afford an opportunity to the defense to comment thereon. The court may withhold from the defendant or the defendant's attorney only those portions of the report that it finds:(i) Contain diagnostic opinion which if revealed to the defendant may seriously disrupt a program of rehabilitation;(ii) Identify sources of information which have been obtained on a promise of confidentiality; or(iii) Would, if revealed to the defendant, seriously disrupt personal relationships, the maintenance of which are important to a program of rehabilitation. If the court withholds any portion of a report, it shall apprise the parties of that fact and state the reasons why the court has not made the entire report available. The court shall then seal the entire report, indicating thereon the portions that were withheld, and order it preserved in the records of the court to be made available to the appellate court in the event of an appeal by the defendant.
(d)Withdrawal of Plea. A motion to withdraw a plea of guilty or of nolo contendere may be made only before sentence is imposed or deferred or probation is imposed or imposition of sentence is suspended.(e)Probation and Sentence. Unless otherwise provided by law, the defendant may be placed on probation or execution of sentence may be suspended or sentence may be deferred.(f)Revocation of Probation. The court shall not revoke probation or revoke a suspension of sentence or impose a sentence previously deferred except after a hearing at which the defendant shall be afforded the opportunity to be present and apprised of the grounds on which such action is proposed. The defendant may be admitted to bail pending such hearing. Prior to the hearing the prosecuting authority shall furnish the defendant and the court with a written statement specifying the grounds upon which action is sought under this subdivision. No revocation shall occur unless the prosecuting authority establishes by a fair preponderance of the evidence that the defendant breached a condition of the defendant's probation or deferred sentence or failed to keep the peace or remain on good behavior.