Miss. R. Crim. P. 26.5

As amended through March 21, 2024

Rule 26.5 - Pronouncement of Judgment and Sentence

(a) Pronouncement of Judgment. The judgment shall be pronounced in open court at any time after conviction, in the presence of the defendant (unless waived pursuant to Rule 10.1(b) ), and recorded in the minutes of the court. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly.

(b) Pronouncement of Sentence. In pronouncing sentence, the court shall:

(1) afford the defendant an opportunity, personally and/or through the defendant's attorney, to make a statement on the defendant's behalf before imposing sentence;

(2) state that a credit will be allowed on the sentence, as provided by law, for time during which the defendant has been incarcerated on the present offense; and

(3) explain to the defendant the terms of the sentence.

Miss. R. Crim. P. 26.5

Adopted eff. 7/1/2017.

Comment

Section (a) continues provisions in former Rule 11.01 of the Uniform Rules of Circuit and County Court (sentence pronounced in open court in the presence of the defendant). Subsection (b)(1) preserves the defendant's right to be present at sentencing, also recognized by Rule 10.1, unless waived under Rule 10.1(b). Subsection (b)(2) requires the court, at the time of sentencing, to make sure the record accurately reflects the time already spent in custody. See Miss. Code Ann. § 99-19-23. The explanation of the sentence under subsection (b)(3) should include the terms of probation, the length and order of sentences if there are more than one (1), and whether the new sentence is to be served concurrently with, or consecutively to, a sentence that the defendant is then serving.