Rule 23.

1997 Rules of Appellate Procedure

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Rule 51

RULE 23. NUNC PRO TUNC PROCEEDINGS IN CRIMINAL CASES

23.1 Judgment and Sentence. Unless the trial court has granted a new trial or arrested the judgment, or unless the defendant has appealed, a failure to render judgment and pronounce sentence may be corrected at any time by the court's doing so.

23.2 Credit on Sentence. When sentence is pronounced, the trial court must give the defendant credit on that sentence for:

(a) all time the defendant has been confined since the time when judgment and sentence should have been entered and pronounced; and

(b) all time between the defendant's arrest and confinement to the time when judgment and sentence should have been entered and pronounced.

Notes and Comments
Comment to 1997 change: This is former Rule 36. The rule is amended without substantive change.

Last modified: March 25, 2010