Miss. R. Crim. P. 26.2

As amended through October 22, 2024

Rule 26.2 - Judgment; Time

(a) On Acquittal. When a defendant is acquitted of any charge, judgment pertaining to that charge shall be pronounced and entered immediately.

(b) On Conviction.

(1) On a determination of guilt on any charge, judgment pertaining to that charge shall be pronounced and entered together with the sentence.

(2) On a determination of guilt, the court shall, after receipt of the presentence report (unless a presentence report is not required), set a date for sentencing.

(3) Sentence shall be imposed without unreasonable delay.

Miss. R. Crim. P. 26.2

Adopted eff. 7/1/2017.

Comment

Rule 26.2 replaces portions of former Rule 11.01 of the Uniform Rules of Circuit and County Court.

When the defendant has been convicted, section (b) follows common practice of pronouncing judgment at sentencing. Because often there will be a period of delay between adjudication of guilt and determination of sentence, pronouncement of judgment of conviction and sentence will be delayed until sentencing has been completed. As under former Rule 11.01 of the Uniform Rules of Circuit and County Court, section (b)(3) requires the sentence be imposed "without unreasonable delay."