Pennsylvania § 9752 - Sentencing proceeding generally.

§ 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).