2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
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
     4504 of Title 61 (Prisons and Parole).