13-607. Judgment of guilt and sentence document; fingerprint; contents of document; recitations

416 words·~2 min read·/az/title-13/13-607

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. At the time of sentencing a person who is convicted of a felony offense, a violation of section 13-1802 or 13-1805, a domestic violence offense as defined in section 13-3601 or a violation of chapter 14 of this title or title 28, chapter 4, the court shall execute a judgment of guilt and sentence document or minute order as prescribed by this section.

B. The court shall require either that the defendant's fingerprint be permanently affixed to the document or order or that the defendant's two fingerprint biometric-based identifier be obtained and recorded in the court case file.

C. The document or order shall recite all of the following in addition to any information deemed appropriate by the court:

1. The defendant's full name and date of birth.

2. The name of the counsel for the defendant or, if counsel was waived, the fact that the defendant knowingly, voluntarily and intelligently waived the defendant's right to counsel after having been fully apprised of the defendant's right to counsel.

3. The name, statutory citation and classification of the offense.

4. Whether there was a finding by the trier of fact that the offense was of a dangerous or repetitive nature pursuant to section 13-703 or 13-704 or was committed while released from confinement pursuant to section 13-708.

5. Whether the basis of the finding of guilt was by trial to a jury or to the court, or by plea of guilty or no contest.

6. That there was a knowing, voluntary and intelligent waiver of the right to a jury trial if the finding of guilt was based on a trial to the court.

7. That there was a knowing, voluntary and intelligent waiver of all pertinent rights if the finding of guilt was based on a plea of guilty or no contest.

8. A certification by the court or the clerk of the court that either the defendant's fingerprint was permanently affixed to the document or order or the defendant's two fingerprint biometric-based identifier was obtained and recorded in the court case file.

D. The document or order shall be made a permanent part of the public records of the court, and the recitations contained in the document or order are prima facie evidence of the facts stated in the recitations.

E. If the supreme court has authorized the clerk of the court to maintain an electronic court record, the clerk may maintain only an electronic reproduction or image of the original document or order.