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§ 16-90-101. Arrest of judgment

(a) A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered upon a verdict against him or her or on a plea of guilty. (b) The motion may be made at any time before judgment, or after judgment during the same term of the court. […]

§ 16-90-102. Presentence officers

(a) Every judicial district shall have the authority to appoint one (1) or more presentence officers to make such reports to a circuit court as it deems desirable as to the past conduct of any defendant that appears before the circuit court. (b) (1) The appointment of presentence officers shall be in writing and entered […]

§ 16-90-103. Sentences without notice void

All sentences made, rendered, or pronounced by any of the courts of the state against anyone without actual or constructive notice, and all proceedings had under such sentences, shall be absolutely null and void.

§ 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 […]

§ 16-90-106. Informed defendant for felony required

(a) Judgment shall not be rendered against a defendant in case of felony, except in his or her presence. If the defendant is in custody, he or she shall be brought into court by the proper officer, and if not in custody, a bench warrant similar to the bench warrant on indictments shall be issued […]

§ 16-90-107. Fixing of punishment generally

(a) When a jury finds a verdict of guilty and fails to agree on the punishment to be inflicted, or does not declare the punishment in its verdict, or if it assesses a punishment not authorized by law, and in all cases of a judgment on confession, the court shall assess and declare the punishment […]

§ 16-90-108. Fixing of punishment — Misdemeanor

(a) Whenever any person shall be convicted of a misdemeanor and the punishment for the offense is a fine, the judgment shall direct that the defendant be imprisoned until the fine and costs are paid. (b) (1) The person so convicted shall be incarcerated for a period not to exceed one (1) day for each […]

§ 16-90-109. Fixing of punishment — Conviction of two or more offenses

(a) If the defendant is convicted of two (2) or more offenses, the punishment of each of which is confinement, the judgment shall be so rendered that the punishment in one (1) case shall commence after the termination of it in the others. (b) When any person is convicted of more than one (1) offense, […]

§ 16-90-111. Correction or reduction of sentence

(a) Any circuit court, upon receipt of petition by the aggrieved party for relief and after the notice of the relief has been served on the prosecuting attorney, may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the […]

§ 16-90-112. Fixing of punishment — Removal from certain offices — Exclusion of suffrage

(a) Where judges of the probate division of circuit court, justices of the peace, county sheriffs, county coroners, county surveyors, jailers, county assessors, prosecuting attorneys, constables, city or police judges, clerks, and marshals shall be convicted upon an indictment for malfeasance or misfeasance in office, for willful neglect in the discharge of their official duties, […]

§ 16-90-113. Fixing of punishment — Judgment for costs

(a) In judgments against the defendant, a judgment for costs shall be rendered in addition to the other punishment. This judgment shall be taxed by the clerk and shall be for the benefit of the officers rendering the service. (b) In case of failure by the defendant to pay the costs, they shall be paid […]

§ 16-90-114. Postponement of sentence

(a) In any case where the pronouncement of final judgment and sentence shall have been postponed, all costs shall be considered due and payable just as if the sentence and judgment had been pronounced. (b) It is the intention of this section that the postponement, so far as liability for costs is concerned, shall be […]

§ 16-90-115. Suspension of sentence

(a) All courts of record, district courts, and city courts in this state shall have the authority to suspend the imposition of sentences or the imposition of fines, or both, in all criminal cases pending before the courts unless specifically prohibited by law. (b) (1) At any time before a court has entered a judgment […]

§ 16-90-116. Taking of bond or note for misdemeanor fine and costs

(a) Whenever any person is convicted of a misdemeanor by any court or justice of the peace and gives security for the fine and costs adjudged against him or her, the county sheriff or other officer taking the security shall forthwith file the bond or note so taken with the clerk of the court or […]

§ 16-90-117. Security to keep the peace or be of good behavior

(a) The court before which any person may be convicted of any criminal offense not punishable by death shall have power, in addition to the sentence prescribed or authorized by law, to require the person to give security to keep the peace or be of good behavior, or both, for any term not exceeding three […]

§ 16-90-118. Duty of court to report to Division of Correction

(a) Whenever any person is sentenced to the Division of Correction, it shall be the duty of the court before which he or she has been convicted to cause to be made and transmitted to the agent of the division a short report of the circumstances attending the offense, particularly those which tended to aggravate […]

§ 16-90-119. Confiscation of deadly weapons

(a) When any person is convicted of any homicide, burglary, robbery, assault with intent to kill, assault with a deadly weapon, battery, or any other felony involving a deadly weapon, the court in which the person is convicted may confiscate the deadly weapons involved in the offense and may by court order either: (1) Transfer […]

§ 16-90-120. Felony with firearm

(a) Any person convicted of any offense that is classified by the laws of this state as a felony who employed any firearm of any character as a means of committing or escaping from the felony, in the discretion of the sentencing court, may be subjected to an additional period of confinement in the Division […]