Miss. R. Crim. P. 26.8

As amended through October 31, 2024

Rule 26.8 - Entry of Judgment of Conviction and Sentence

(a)Entry of Judgment and Sentence. The judgment is complete and valid upon its entry in the minutes.

(b)Entry of Order and Duty of Clerk. Immediately upon entry of an order or judgment of the court, the clerk of the court shall make a diligent effort to assure that all attorneys of record have received notice of the entry of the order or judgment.

Adopted eff. 7/1/2017.

Comment

Rule 26.8 applies only to a judgment of conviction; Rule 26.2(a) governs judgment of acquittal.

Pursuant to former Rule 11.01 of the Uniform Rules of Circuit and County Court, section (a) provides that a judgment of conviction and sentence are complete upon entry in the minutes. Rule 26.1(c) defines sentence as "pronouncement by the court of the penalty imposed" following "an adjudication of guilt." Rule 26.5 requires pronouncement of judgment and sentence both be made in open court, and Rule 26.2(b) provides that a judgment of conviction shall be "pronounced and entered together with the sentence . . . ."

Section (b) tracks former Rule 11.05 of the Uniform Rules of Circuit and County Court.