US Lawyer Database

§ 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 […]

§ 16-90-121. Second or subsequent felony with firearm

Any person who is found guilty of or pleads guilty or nolo contendere to a second or subsequent felony involving the use of a firearm shall be sentenced to a minimum term of imprisonment of ten (10) years in the Division of Correction without eligibility of parole or community correction transfer but subject to reduction […]

§ 16-90-122. Post-conviction release of nonviolent offenders

(a) Except as provided in subsection (b) of this section, any circuit judge may authorize the temporary release of an offender in the county sheriff’s custody who has: (1) Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and (2) Been sentenced to a term of […]

§ 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 […]