§ 9752. Sentencing proceeding generally.
(a) General rule.--As soon as practicable after the determination of guilt and the examination of any
presentence report, a proceeding shall be held at which the court shall:
(1) Entertain submissions by the parties on the facts relevant to the sentence, including
any facts with respect to negotiated pleas, as to the nature of the sentence.
(2) Afford to the defendant the right to make a statement.
(3) Hear argument by the defense on the applicability of the various sentencing alternatives
to the facts of the case, and may hear argument by the prosecution.
(b) Evidence.--Where the need for further evidence has not been eliminated by a presentence conference,
evidence offered by the parties on the sentencing issue shall be presented in open
court with the rights of confrontation, cross-examination, and representation by counsel.
Suspension by Court Rule. Section 9752 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6),
adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating
to post-trial procedures in court cases.
Cross References. Section 9752 is referred to in section 4505 of Title 61 (Prisons and Parole).
Notes of Decisions
Cited in
20
cases (
5 in the last 5 years), 1987–2023 · leading case:
Commonwealth v. Page, 965 A.2d 1212 (Pa. Super. Ct. 2009).
Commonwealth v. Page, 965 A.2d 1212 (Pa. Super. Ct. 2009).
“§ 1108; 42 Pa.C.S. § 9752(b). Moreover, unlike the case of Commonwealth v.”
Commonwealth v. McCauley, 199 A.3d 947 (Pa. Super. Ct. 2018).
“702(A) ; did not provide Appellant with the opportunity to exercise his allocution right or have counsel present argument, see 42 Pa.C.S. § 9752 ; or place reasons for the sentence on the record, see 42 Pa.”
Commonwealth v. Pardo, 35 A.3d 1222 (Pa. Super. Ct. 2011).
“§ 4505(c), offenders eligible for the RRRI program are sentenced to the minimum and maximum sentences under 42 Pa.C.S. § 9752, and then receive the RRRI minimum sentence, which constitutes three-fourths of a minimum sentence of three years or less, or five-sixths of a minimum…”
Commonwealth v. Main, 6 A.3d 1026 (Pa. Super. Ct. 2010).
“Eligible offenders are sentenced to the minimum and maximum sentences under 42 Pa.C.S. § 9752, and then receive the RRRI minimum sentence, which constitutes three-fourths of a minimum sentence of three years or less, or five-sixths of a minimum sentence of more than three years.”
Patrick v. Pa. Bd. of Prob. & Parole, 532 A.2d 487 (Pa. Commw. Ct. 1987).
· cites it 2× “[5] The sentencing hearing required by Section 9752 of the Sentencing Code, 42 Pa. C. S. § 9752, and Pa. R. Crim. P. 1405 also serves as the hearing required by 61 P.”
Commonwealth v. Beish, 207 A.3d 964 (Pa. Super. Ct. 2019).
“--If the court determines that the defendant is an eligible offender or the prosecuting attorney has waived the eligibility requirements under subsection (b), the court shall enter a sentencing order that does all of the following: (1) Imposes the minimum and maximum sentences…”
Commonwealth v. Adame, 526 A.2d 408 (Pa. 1987).
“If you cannot afford counsel, the Court will appoint counsel for you. YOU HAVE THIRTY (30) DAYS FROM THE DATE THIS SENTENCE BECOMES EFFECTIVE TO APPEAL TO THE INTERMEDIATE APPELLATE DIVISION IF YOU SO DESIRE.”
Com. v. Bell, C. (Pa. Super. Ct. 2018).
· cites it 2× “As Appellant acknowledges, 42 Pa.C.S. §9752 provides: (a) General rule.”
Com. v. Cristo-Munoz, J., Jr. (Pa. Super. Ct. 2019).
“42 Pa.C.S. § 9752(a)(2). The Supreme Court has interpreted Rule 704 broadly, expanding its protections to require the trial court to inform a defendant of his right to speak at sentencing.”
Com. v. Long, F. (Pa. Super. Ct. 2019).
“704(C)(1); see also 42 Pa.C.S. § 9752 (providing - 19 - J-A29018-18 that the court shall “[a]fford to the defendant the right to make a statement.”
Com. v. Brundage, R. (Pa. Super. Ct. 2019).
“at 8, 13, 19, 23-26 (citing 42 Pa.C.S. § 9752 and Pa.R.Crim.P. 704(C)(1)).”
Com. v. Schier, B. (Pa. Super. Ct. 2020).
“____________________________________________ [O]ffenders eligible for the RRRI program are sentenced to the minimum and maximum sentences under 42 Pa.C.S. § 9752, and then receive the RRRI minimum sentence, which constitutes three-fourths of a minimum sentence of three years or…”
— 42 Pa. Cons. Stat. § 9752(a) — 1 case
Com. v. Bell, C. (Pa. Super. Ct. 2018).
“As Appellant acknowledges, 42 Pa.C.S. §9752 provides: (a) General rule.”
— 42 Pa. Cons. Stat. § 9752(a)(2) — 3 cases
Com. v. Cristo-Munoz, J., Jr. (Pa. Super. Ct. 2019).
“42 Pa.C.S. § 9752(a)(2). The Supreme Court has interpreted Rule 704 broadly, expanding its protections to require the trial court to inform a defendant of his right to speak at sentencing.”
— 42 Pa. Cons. Stat. § 9752(b) — 1 case
Commonwealth v. Page, 965 A.2d 1212 (Pa. Super. Ct. 2009).
“§ 1108; 42 Pa.C.S. § 9752(b). Moreover, unlike the case of Commonwealth v.”
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