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(1) The judge shall sign the judgment and the Clerk shall enter it on the record.

(A) A judgment of conviction must be stated in the plea, the verdict, or the findings and the adjudication and sentence as well.

(B) If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment will be entered accordingly.

(2) If the Court deems it helpful, it may request a presentence investigation be made by a competent person whom the Court requests to conduct such an investigation. This presentence investigation, if required, must be conducted and a report issued prior to the sentencing hearing or a change of plea hearing.

(A) The defendant shall not be required by the Court to submit to an interview prior to a change of plea being entered.

(B) The reports must contain any prior criminal record of the defendant and any information as to their character, financial condition, behavior, and other factors which may be helpful in imposing a judgment and sentence, or in granting probation to the defendant, how much time the defendant has been incarcerated, and any other information as may be required by the Court.

(C) Before imposing sentence, if the Court has requested and received a presentence report, the Court shall make the entire report available to the defendant’s counsel, defendant, and prosecutor.

(3) A motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed or sentence is suspended. To correct manifest injustice, the Court after sentencing may set aside a judgment of conviction and permit the defendant to withdraw their plea of guilty.

(4) When a defendant is convicted of a crime, the Court may impose legal financial obligations as part of the judgment and sentence. Legal financial obligations include victim restitution; crime victims’ compensation fees; costs associated with the offender’s prosecution and sentence; fines; penalties; and assessments. Legal financial obligations will be non-interest bearing.

(A) The defendant must be fully informed of all potential consequences of a restitution agreement and restitution must be determined in an amount certain, with a clear maximum amount of restitution, at a hearing within 180 days of judgment and sentencing or the date of entry into a deferred prosecution or deferred judgment; the hearing may be waived in writing by agreement of the parties. The Court may continue the restitution hearing for good cause past the 180-day deadline. Restitution must be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses.

(B) The Court may take into consideration the defendant’s ability to pay when considering whether to impose financial obligations; except when considering whether to impose victim restitution, the Court shall not take into consideration the defendant’s ability to pay. In determining the amount and method of payment of costs, the Court may take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose. A defendant who is not in default in the payment of legal financial obligations may petition for remission of all or part of the obligations owed, except for victim restitution, if payment of the amount due will result in manifest hardship to the defendant or the defendant’s family.

The defendant shall prove by a preponderance of the evidence that hardship or inability to pay or both exists.

(C) Prior to payment of any other monetary obligations, the defendant’s payments must be first applied to any victim restitution costs that have not been fully compensated from other sources. After restitution is fully satisfied, payment is distributed proportionally in the following order: first to insurance or other sources with respect to a loss that has provided compensation to victims; second to crime victims’ assessments; and third to costs, fines, and other assessments required by the Court. Costs of incarceration, if ordered by the Court, will be satisfied last.

(D) The requirement that defendant pay a monthly sum toward a legal financial obligation is a condition of the sentence and the defendant is subject to penalties for noncompliance. Sanctions for a willful failure to pay can include incarceration or other penalties such as community service. If the failure to pay is not willful, the Court may modify the defendant’s legal financial obligations; the defendant shall prove by a preponderance of the evidence that a hardship or inability to pay exists.

(E) Civil contempt sanctions may also apply to a defendant who fails to pay financial obligations. If the Court finds that the failure to pay was willful, the Court may impose contempt sanctions including incarceration. If the Court determines the failure to pay was not willful, the Court may modify the terms of payment, or reduce or revoke the amount of the financial obligation.

(5) The sentence will be imposed immediately following either conviction by the Court or jury, upon a plea of guilty, or the Court may grant a continuance and decide the sentence at set later date if good cause to do so can be shown by the requesting party. Before imposing sentence, the Court shall afford counsel an opportunity to speak on behalf of the defendant and the Court shall address the defendant personally and ask if they wish to make a statement on their own behalf and if they wish to present any information in mitigation of punishment. The prosecutor shall have an equal opportunity to speak to the Court if they desire. Considerations in sentencing include:

(A) The crime committed;

(B) The prospects of rehabilitation of the offender;

(D) The circumstances under which the crime was committed;

(E) The offender’s criminal history;

(F) The safety of the community, victim, or the offender;

(G) Victim impact statements;

(H) The offender’s ability to pay a fine; and

(I) Other factors the Court deems relevant.

(6) Following imposition of the judgment, the Court shall inform the defendant that they have a right to appeal providing the defendant was found guilty by either the Court or the jury. An appeal shall not exist upon a plea of guilty. At the defendant’s request, the Court Clerk shall prepare and file a notice of appeal on behalf of the defendant.