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.
Notes of Decisions
Cited in
34
cases (
4 in the last 5 years), 1931–2024 · leading case:
Betterman v. Montana, 578 U.S. 437 (2016).
Betterman v. Montana, 578 U.S. 437 (2016).
“2 (2015); Cal.Penal Code Ann. § 1191 (West 2015) ; Ind.”
People v. Smith, 863 P.2d 192 (Cal. 1993).
· cites it 2× “[4] Penal Code section 1191 mandates that judgment be pronounced within 20 judicial days following a verdict or finding of guilt, and permits an extension of that time for only 10 days if a motion for new trial must be heard.”
People v. Monge, 941 P.2d 1121 (Cal. 1997).
· cites it 2× “(Pen. Code, § 1191.) At this hearing, the trial judge considers the probation report (see Cal.”
Broadman v. Comm'n on Judical Performance, 959 P.2d 715 (Cal. 1998).
“) 3 Because a criminal defendant has a statutory right to be sentenced within 20 judicial days of the verdict of guilty (Pen. Code, § 1191), the imposition of sentence beyond that period requires the defendant’s waiver of the time for sentencing.”
Michael Cuero v. Matthew Cate, 850 F.3d 1019 (9th Cir. 2017).
· cites it 2× “Here, it is undisputed that, at the time the People sought and received permission to amend its complaint, no sentence had been announced, and, thus, no judgment had been entered.”
People v. Niles, 227 Cal. App. 2d 749 (Cal. Ct. App. 1964).
“(Pen. Code, § 1191)-—long prior to any possible disposition of an appeal.”
People v. Villanueva, 196 Cal. App. 4th 411 (Cal. Ct. App. 2011).
“(Pen. Code, § 1191.) A defendant has a right to a retrial of mistried counts within 60 days of the declaration of mistrial.”
People v. Flores, 198 Cal. App. 3d 1156 (Cal. Ct. App. 1988).
· cites it 2× “Is Defendant Entitled to a New Trial Pursuant to Penal Code Sections 1191 and 1202? Penal Code section 1191 provides: “In the superior court, 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…”
Hoffman v. Superior Court, 122 Cal. App. 3d 715 (Cal. Ct. App. 1981).
· cites it 2× “Upon reinstitution of the criminal proceedings, there was a mandatory duty imposed upon the trial court to pronounce judgment on Hoffman as to each count of which he stood convicted.”
People v. Risenhoover, 240 Cal. App. 2d 233 (Cal. Ct. App. 1966).
· cites it 2× “" Penal Code section 1191 requires the court to appoint a time for pronouncing sentence within 21 days after verdict, finding or plea of guilty, but permits limited extensions of time in certain situations when good cause is shown.”
People v. Morris, 97 Cal. App. 3d 358 (Cal. Ct. App. 1979).
“(Pen. Code, §§ 1191, 1203; see People v. Edwards (1976) 18 Cal.”
People v. Hartsell, 34 Cal. App. 3d 8 (Cal. Ct. App. 1973).
“(Pen. Code, §§ 1191, 1193, 1202 and 1203.) Judgment must be pronounced orally in the presence of the defendant, and it must reflect the court’s determination of the matter before it.”
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