234 Pa. Code Rule 809. Form for Trial Judge Sentencing Verdict Slip.

Rule 809. Form for Trial Judge Sentencing Verdict Slip.

IN THE COURT OF COMMON PLEAS
OF
COUNTY, PENNSYLVANIA

   CRIMINAL

COMMONWEALTH OF
PENNSYLVANIA :

vs.
: NO.

:

FIRST DEGREE MURDER
SENTENCING VERDICT SLIP

   A. I,
J., sentence the defendant to:


Death


Life Imprisonment

   B. The findings on which the sentence of death is based are:


1. At least one aggravating circumstance and no mitigating circumstance.
The aggravating circumstance(s) (is) (are):




.


2. One or more aggravating circumstances which outweigh(s) any mitigating circumstance(s).

The aggravating circumstance(s) (is) (are):




.

The mitigating circumstance(s) (is) (are):




.

   C. The findings on which the sentence of life imprisonment is based are:


A sentence of death is precluded because the defendant is mentally retarded.
   OR

1. No aggravating circumstance exists.

2. The mitigating circumstance(s) (is) (are) not outweighed by the aggravating circumstance(s).
The mitigating circumstance(s) (is) (are):





The aggravating circumstance(s) (is) (are):






DATE

, J.

Comment

   In listing aggravating and/or mitigating circumstances in Sections B or C, the trial judge should use the language provided by law for each circumstance. See Sentencing Code, 42 Pa.C.S. §  9711(d) and (e).

   Official Note
   Rule 358B adopted February 1, 1989, effective July 1, 1989; renumbered Rule 808 and Comment revised March 1, 2000, effective April 1, 2001; renumbered Rule 809 June 4, 2004, effective November 1, 2004; amended July 31, 2013, effective October 1, 2013.
   Committee Explanatory Reports:
   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).
   Final Report explaining the July 31, 2013 amendment regarding findings of mental retardation published with the Court’s Order at 43 Pa.B. 4722 (August 17, 2013).

Source

   The provisions of this Rule 809 amended June 4, 2004, effective November 1, 2004, 34 Pa.B. 3105; amended July 31, 2013, effective October 1, 2013, 43 Pa.B. 4715. Immediately preceeding text appears at serial pages (304136) to (304137).

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