Supreme Court Rules - Rule 29 - Rules of Criminal Procedure - Misdemeanors or Felonies - Verdict Sentence and New Trial: Misdemeanors or Felonies

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Supreme Court Rules

		Section/Rule:	29.07
Subject:	Rule 29 - Rules of Criminal Procedure - Misdemeanors or Felonies - Verdict Sentence and New Trial	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors or Felonies - Sentence and Judgment	Revised / Effective Date:	July 1, 2022

29.07 MISDEMEANORS OR FELONIES - SENTENCE AND JUDGMENT

(a) Pre-sentence Investigation.

(1)

When Made.

When a probation officer is available to the court, such probation officer shall, unless otherwise directed by the court, make a pre-sentence investigation and report to the court before the imposition of sentence or the granting of probation. The report shall not be submitted to the court or its contents disclosed to anyone unless the defendant has pleaded guilty or has been found guilty.

(2)

Report.

The report of the pre-sentence investigation shall contain any prior criminal record of the defendant and such information about his or her characteristics, his or her financial condition, his or her social history, and the circumstances affecting his or her behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant. The probation officer shall secure such other information as may be required by the court and, if directed by the court, such investigation shall include a physical and mental examination of the defendant. Before making any authorized disposition the court shall, upon request of defendant or the attorney for the defendant, allow the defendant and the attorney for the defendant access to the complete pre-sentence investigation report and recommendations.

(b) Sentence.

(1)

Allocution and Imposition of Sentence.

Sentence shall be imposed without unreasonable delay. When the defendant appears for judgment and sentence, he or she must be informed by the court of the verdict or finding and asked whether he or she has any legal cause to show why judgment and sentence should not be pronounced against the defendant ; and if no sufficient cause be shown, the court shall render the proper judgment and pronounce sentence thereon. If the defendant has been heard on a motion for new trial, and in all cases of misdemeanor, the requirements of this subparagraph are directory and the omission to comply with them shall not invalidate the judgment or sentence.

(2)

Presence of Defendant.

When sentence and judgment are imposed, the defendant must be present, either in person or by interactive video technology upon the defendant's waiver of his or her right to be physically present and with the court's approval. However, if the defendant has been found guilty of a misdemeanor, the court, the prosecuting attorney, and the defendant may consent to the absence of the defendant.

(3)

Notification of Right to Appeal.

After imposing sentence in a case that has gone to trial on a plea of not guilty, the court shall advise the defendant of his or her right to appeal and the right of a defendant who is unable to pay the cost of the appeal to apply for leave to appeal in forma pauperis.

(4)

Examination of Defendant.

If a defendant has a right to proceed under Rule

24.035

or Rule

29.15

, the court at the conclusion of final sentencing shall advise the defendant of such right and shall examine the defendant as to the assistance of counsel received by the defendant. The examination shall be on the record and may be conducted outside the presence of the defendant's counsel. At the conclusion of the examination the court shall determine whether probable cause exists to believe the defendant has received ineffective assistance of counsel.

If the court finds that no probable cause of ineffective assistance of counsel exists, trial counsel may continue to represent the defendant. If the court finds that probable cause of ineffective assistance of counsel exists and the defendant is entitled to an appeal and desires an appeal, the court shall order trial counsel to file a timely notice of appeal. If the court finds that probable cause of ineffective assistance of counsel exists, within ten days of the judgment of conviction becoming final trial counsel shall withdraw and the court shall cause new counsel to be appointed if the defendant is indigent. If an appeal is filed, new counsel shall perfect the appeal. Whether or not an appeal is filed, new counsel shall be directed to ascertain whether facts and grounds exist for the filing of a motion pursuant to Rule

24.035

or Rule

29.15

. If such facts and grounds exist, new counsel shall timely file the appropriate motion.

(c) Judgment. A judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly.

(d) Withdrawal of Plea of Guilty. A motion to withdraw a plea of guilty may be made only before sentence is imposed or when imposition of sentence is suspended; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his or her plea.

(e) Probation and Parole. Any court may place on probation and parole any defendant eligible for judicial parole under the laws of this state and, to this end, may suspend the imposition or execution of sentence of any person.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Feb. 11, 1987, eff. Jan. 1, 1988. Amended May 19, 2010, eff. Jan. 1, 2010; Oct. 26, 2021, eff. Jul. 1, 2022.)

Committee Note - 1980

The source of subparagraph (a)(1) is the first two sentences of prior Rule

27.07(b)

. It changes the prior rule in that it allows presentence investigations in misdemeanor cas

es when a probation officer is available.

Compare:

Section

557.026

, RSMo

, 1978 and Fed.R.Crim.P. 32(c)(1).

The source of the first two sentences of subparagraph (a)(2) is the last two sentences of prior Rule

27.07(b)

There is a change in that the court rather than the probation officer will decide whether there is to be a physical or mental examination of the defendant.

Compare: Fed.R.Crim.P. 32(c)(2).

The source of the last sentence of subparagraph (a)(2) is >

Section

557.026

, RSMo,

78.

Compare: Fed.R.Crim.P. 32(c)(3).

The sources of the first sentence of subparagraph (b)(1) are prior Rule 27.07(a) and > Fed.R.Crim.P. 32(a)(1).

The second sentence of subparagraph (b)(1) is substantially the same as prior Rule 27.09.

Compare: Fed.R.Crim.P. 32(a)(1).

The last sentence of subparagraph (b)(1) is substantially the same as prior Rule

27.10

The source of subparagraph (b)(2) is prior Rule

27.08

Subparagraph (b)(3) is new. It is the same as the first sentence of > Fed.R.Crim.P. 32(2).

Paragraph (c) is new. It is the same as the first two sentences of > Fed.R.Crim.P. 32(b)(1).

Paragraph (d) is the same as prior Rule

27.25

. It is also the same as > Fed.R.Crim.P. 32(d) with the reference to nolo contendere omitted.

Paragraph (e) is substantially the same as prior Rule

27.07(c)

Compare: Fed.R.Crim.P. 32(e).

Paragraph (f) is new

Compare: Fed.R.Crim.P.32(f).