March 14, 2014, 12:21
bguyDelay in Sentencing Hearing
So my office just obtained a guilty verdict on a misdemeanor DWI case. The judge then set the case for sentencing in June. The defense did not request a PSIR, and the court's docket is not unduly busy, so we do not see any logical reason for such a lengthy delay.
Is there any legal way to challenge undue delay between the finding of guilty and the commencement of the sentencing hearing? Or is the State just at the mercy of the trial court's scheduling whims on such matters?