OPTIONAL POST-SENTENCE MOTION.
(1) Generally.
(a) The defendant in a court case shall have
the right to make a post-sentence motion. All requests for relief from the
trial court shall be stated with specificity and particularity, and shall be
consolidated in the post-sentence motion, which may include:
(i) a motion challenging the validity of a
plea of guilty or nolo contendere, or the denial of a motion to withdraw a plea
of guilty or nolo contendere;
(ii)
a motion for judgment of acquittal;
(iii) a motion in arrest of
judgment;
(iv) a motion for a new
trial; and/or
(v) a motion to
modify sentence.
(b) The
defendant may file a supplemental post-sentence motion in the judge's
discretion as long as the decision on the supplemental motion can be made in
compliance with the time limits of paragraph (B)(3).
(c) Issues raised before or during trial
shall be deemed preserved for appeal whether or not the defendant elects to
file a post-sentence motion on those issues.
(2) Trial Court Action.
(a) Briefing Schedule
Within 10 days after a post-sentence motion is filed, if the
judge determines that briefs or memoranda of law are required for a resolution
of the motion, the judge shall schedule a date certain for the submission of
briefs or memoranda of law by the defendant and the Commonwealth.
(b) Hearing; Argument
The judge shall also determine whether a hearing or argument
on the motion is required, and if so, shall schedule a date or dates certain
for one or both.
(c)
Transcript
If the grounds asserted in the post-sentence motion do not
require a transcript, neither the briefs nor hearing nor argument on the
post-sentence motion shall be delayed for transcript preparation.
(3) Time Limits for
Decision on Motion.
The judge shall not vacate sentence pending decision on the
post-sentence motion, but shall decide the motion as provided in this
paragraph.
(a) Except as provided in
paragraph (B)(3)(b), the judge shall decide the post-sentence motion, including
any supplemental motion, within 120days of the filing of the motion. If the
judge fails to decide the motion within 120 days, or to grant an extension as
provided in paragraph (B)(3)(b), the motion shall be deemed denied by operation
of law.
(b) Upon motion of the
defendant within the 120-day disposition period, for good cause shown, the
judge may grant one 30-day extension for decision on the motion. If the judge
fails to decide the motion within the 30-day extension period, the motion shall
be deemed denied by operation of law.
(c) When a post-sentence motion is denied by
operation of law, the clerk of courts shall forthwith enter an order on behalf
of the court, and, as provided in Rule 114, forthwith shall serve a copy of the
order on the attorney for the Commonwealth, the defendant's attorney, or the
defendant if unrepresented, that the post-sentence motion is deemed denied.
This order is not subject to reconsideration.
(d) If the judge denies the post-sentence
motion, the judge promptly shall issue an order and the order shall be filed
and served as provided in Rule 114.
(e) If the defendant withdraws a
post-sentence motion, the judge promptly shall issue an order memorializing the
withdrawal, and the order shall be filed and served as provided in Rule
114.
(4) Contents of
Order.
An order denying a post-sentence motion, whether issued by
the judge pursuant to paragraph (B)(3)(d) or entered by the clerk of courts
pursuant to paragraph (B)(3)(c), or an order issued following a defendant's
withdrawal of the post-sentence motion, shall include notice to the defendant
of the following:
(a) The right to
appeal and the time limits within which the appeal must be filed;
(b) The right to assistance of counsel in the
preparation of the appeal;
(c) The
rights, if the defendant is indigent, to appeal in forma pauperis and to
proceed with assigned counsel as provided in Rule 122; and
(d) The qualified right to bail under Rule
521(B).
