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.


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