22-3424. Judgment and sentence.
22-3424
22-3424. Judgment and sentence.(a) The judgment shall be rendered and sentence imposed in open court.
(b) If the verdict or finding is not guilty, judgment shall be renderedimmediately and the defendant shall be discharged from custody and theobligation of the defendant's appearance bond.
(c) If the verdict or finding is guilty, judgment shall be rendered andsentence pronounced without unreasonable delay, allowing adequate time forthe filing and disposition of post-trial motions and for completion of suchpresentence investigation as the court may require.
(d) If the verdict or finding is guilty, upon request of the victim or thevictim's family and before imposing sentence, the court shall hold a hearing toestablish restitution. The defendant may waive the right to the hearing andaccept the amount of restitution as established by the court.If the court orders restitution to be paid to the victim or the victim'sfamily, the order shall be enforced as a judgment of restitution pursuant toK.S.A. 60-4301 through 60-4304.
(e) Before imposing sentence the court shall: (1) Allow the prosecutingattorney to address the court, if the prosecuting attorney so requests; (2)afford counsel an opportunity to speak on behalf of the defendant; (3) allowthe victim or such members of the victim's family as the court deemsappropriate to address the court, if the victim or the victim's family sorequests; and (4) address the defendant personally and ask the defendant if thedefendant wishes to make a statement on the defendant's own behalf and topresent any evidence in mitigation of punishment.
(f) After imposing sentence in a case which has gone to trial on a plea ofnot guilty, the court shall advise the defendant of the defendant's right toappeal and of the right of a person who is unable to pay the costs of an appealto appeal in forma pauperis.
History: L. 1970, ch. 129, § 22-3424;L. 1991, ch. 90, § 2;L. 1993, ch. 166, § 4;L. 1993, ch. 291, § 273;L. 1995, ch. 257, § 3; July 1.