Section 27.5 Delay in Sentencing

• Library: Criminal Practice 2012 Supp

A. (§27.5) Delay in Sentencing

Sentencing of a criminal defendant must be imposed by the court without unreasonable delay. Rule 29.07(b)(1). There is limited Missouri caselaw setting forth what constitutes an unreasonable delay in the sentencing. Each case should be considered individually with a look at the totality of its particular circumstances causing the delay and any adverse effects suffered by the defendant because of the delay. The courts have held that there are certain factors to be taken into consideration to make this decision. Some of the factors to be considered include the following:

(1) length of delay;

(2) whether defendant affirmatively demanded sentencing;

(3) whether the delay was purposefully sought to unreasonably impose a form of unlimited probation;

(4) whether the delay adversely affected the defendant’s...