§ 16-90-105 — Verdict of guilty

(a) Upon the return of a verdict of guilty, if tried by a jury, or the finding of guilt if tried by the circuit court without a jury, sentence may be announced. (b) The judgment of the circuit court may be then and there entered for sentencing and the entry of the judgment may be postponed to a date certain then fixed by the circuit court not more than thirty (30) days thereafter, at which time probation reports may be submitted, matters of mitigation presented, or any other matter heard that the circuit court or the defendant might deem appropriate to consider before the pronouncement of sentence and entry of the formal judgment. (c) If the defendant is ordered to be held without bond or for any reason whatever, the defendant may file a written demand for immediate sentencing, whereupon the trial judge shall cause formal sentence and judgment to be made of record. (d) At the time sentence is announced and judgment entered, the trial judge must advise the defendant of his or her right to appeal and either fix or deny bond. (e) In its discretion, the trial judge may order: (1) The defendant released from custody on his or her own recognizance; (2) Another bond fixed; (3) The defendant to remain subject to the provisions of his or her bond if the defendant appeared at trial on bail bond; or (4) The defendant to the custody of the county sheriff to be held without bond.

Legislative History

Acts 1971, No. 333, § 2; A.S.A. 1947, § 43-2301.