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PA Bulletin, Doc. No. 01-773

THE COURTS

NORTHAMPTON COUNTY

Aids in Imposing Sentence

[31 Pa.B. 2370]

Rule N1403.  Aids in Imposing Sentence.

   (a)  Prior to filing the Information, the District Attorney shall obtain a report of the prior criminal convictions, if any, of the defendant. Within forty-five (45) days of receipt of the report, the District Attorney shall calculate the prior record score for guideline sentencing purposes.

   (b)  Upon request, the District Attorney shall make said report and calculation available to the Court, defense counsel, and, if unrepresented, the defendant.

   (c)  Prior to imposition of sentence, a Guideline Sentencing Form, as required by 204 Pa. Code § 303.1(d), shall be presented to the sentencing judge.

   (d) (1)  If a pre-sentence investigation report is prepared, the Guideline Sentencing Form shall be prepared by the report preparer.

   (2)  If a pre-sentence investigation report has not been prepared, the Guideline Sentencing Form shall be prepared by defense counsel if defendant is represented. The defense counsel shall use the prior record score provided by the District Attorney unless defense counsel contends that the score is lower than that provided by the District Attorney, in which case the Court shall determine the prior record score.

   (3)  If a pre-sentence investigation report has not been prepared, the Guideline Sentencing Form shall be prepared by the District Attorney if defendant is unrepresented.

   (e)  The Guideline Sentencing Form shall be reviewed by counsel for both the Commonwealth and the defendant prior to submission to the sentencing judge.

   (f)  The Clerk of Court--Criminal Division shall send a copy of the Guideline Sentencing Form to the Pennsylvania Commission on Sentencing.

   Comment: 204 Pa. Code § 303.1(d) provides that a Pennsylvania Commission on Sentencing Guideline Sentence Form shall be completed at the Court's direction and shall be made a part of the record no later than twenty days after the date of each sentencing, and a copy shall be forwarded to the Pennsylvania Commission on Sentencing.

      As used in Section (c), ''imposition of sentence'' includes imposition of probation.

      Defense counsel has no obligation to disclose information that the prior record score is higher than that provided by the District Attorney. The preparation by defense counsel of portions of the guideline form shall not be deemed an affirmative statement of fact as to the prior record by defense counsel.

Adopted April 18, 2001; effective June 1, 2001.

ROBERT A. FREEDBERG,   
President Judge

[Pa.B. Doc. No. 01-773. Filed for public inspection May 4, 2001, 9:00 a.m.]


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