11.2 Request for Expedited Plea and Sentencing Hearing in Certain Reentry After Deportaion Cases

(a)  When the parties desire that a reentry after deportation case be expedited for a plea and sentencing hearing, a completed Notice for Expedited Plea and Sentencing Hearing (the “Notice”) shall be filed with either a final executed Plea Agreement or an executed Acknowledgement and Waiver of Rights form. The form of the Notice shall substantially conform to Criminal Form 4.

(b)  The plea and sentencing hearing shall be scheduled within forty-five (45) days after the filing of the Notice and either the Plea Agreement or Acknowledgement and Waiver of Rights, and the probation office shall prepare an abbreviated presentence investigation report without the need for any further order of the court. The abbreviated presentence investigation report need not include information ordinarily set forth in Section C of a full presentence investigation report.

(c)  The probation office shall disclose its initial abbreviated presentence investigation report to the parties by no later than fourteen (14) days before the scheduled plea and sentencing hearing.

(d)   Any objection to the initial abbreviated presentence investigation report shall be filed no later than seven (7) days before the scheduled plea and sentencing hearing.

(e)  If any objections are made to the initial abbreviated presentence investigation report, the probation office shall conduct a further investigation as required under LCrR 32.1(f), and thereafter disclose a revised report and addendum to the parties by no later than two (2) days before the scheduled plea and sentencing hearing.

(f)  The provisions of LCrR 32.1 requiring the filing of proposed Sentencing Options and Supervision Conditions do not apply to cases subject to this expedited plea and sentencing procedure.

(g)  The deadlines set forth herein for cases subject to this expedited plea and sentencing hearing procedure supersede the deadlines set forth in LCrR 32.1. All other provisions of LCrR 32.1, not inconsistent with this rule remain in effect.

(History added 12/1/15)