The Daily Puppy

Tuesday, January 29, 2013

1191 CALIFORNIA RULES AFTER A FELONY CASE IN COURT AND WHAT YOUR OPTIONS ARE,,,WIZARDOFBAUM




1191.  In a felony case, after a plea, finding, or verdict of
guilty, or after a finding or verdict against the defendant on a plea
of a former conviction or acquittal, or once in jeopardy, the court
shall appoint a time for pronouncing judgment, which shall be within
20 judicial days after the verdict, finding, or plea of guilty,
during which time the court shall refer the case to the probation
officer for a report if eligible for probation and pursuant to
Section 1203. However, the court may extend the time not more than 10
days for the purpose of hearing or determining any motion for a new
trial, or in arrest of judgment, and may further extend the time
until the probation officer's report is received and until any
proceedings for granting or denying probation have been disposed of.
If, in the opinion of the court, there is a reasonable ground for
believing a defendant insane, the court may extend the time for
pronouncing sentence until the question of insanity has been heard
and determined, as provided in this code. If the court orders the
defendant placed in a diagnostic facility pursuant to Section
1203.03, the time otherwise allowed by this section for pronouncing
judgment is extended by a period equal to (1) the number of days
which elapse between the date of the order and the date on which
notice is received from the Director of Corrections advising whether
or not the Department of Corrections will receive the defendant in
the facility, and (2) if the director notifies the court that it will
receive the defendant, the time which elapses until his or her
return to the court from the facility.

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