TITLE VIII. Judgment and Execution. Chapter I. The Judgment. §§ 1191-1207. CHAPTER I. The Judgment. § 1191. Time for pronouncing judgment. $1192. Upon plea of guilty, court must determine degree. §1192a. Inquiry as to causes of criminal conduct. $1193. prison. Presence of defendant. Notice to clerk of § 1194. When defendant in custody, how brought before the court for judgment. $1195. How brought before the court when on bail. 1196. Bench-warrant to issue. $1197. Form of bench-warrant. $1198. Warrant, how served. $1199. Arrest of defendant. $1200. Arraignment of defendant for judgment. § 1201. What causes may be shown against judgment. $1202. New trial, defendant entitled to, if judgment not pronounced. §1203. Hearing on probation. § 1204. Proof of former conviction or of facts, etc., in mitigation, etc., how made. $1205. Imprisonment for fine. $1206. Judgment to pay fine constitutes a lien. §1207. Entry of judgment. § 1191. Time for pronouncing judgment. After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal, or once in jeopardy, the court must appoint a time for pronouncing judgment which must not be less than two, nor more than five days after the verdict or plea of guilty; provided, however, that the court may extend the time not more than ten days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment; and provided, further, that the court may extend the time not more than twenty days in any case where the question of probation is considered in accordance with section 1203 of this code, provided, however, that upon the request of the defendant such time may be further extended not more than ninety days additional. If in the opinion of the court there is a reasonable ground for believing a defendant insane, the court may extend the time of pronouncing sentence until the question of insanity has been heard and determined, as provided in chapter 6, title 10, part 2, of this code. [Amendment approved 1911; Stats. 1911, p. 688.] Legislation § 1191. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §§ 471, 472); in substance the same as Crim. Prac. Act, Stats. 1851, p. 261, §§ 447, 448. When enacted in 1872, § 1191 read: "After a plea or verdict of guilty, or after a verdict against the defendant, on a plea of a former conviction or acquittal, if the judgment is not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which must be at least two days after the verdict, if the court intend to remain in session so long; or if not, as remote a time as can reasonably be allowed. But in no case can the judgment be rendered in less than six hours after the verdict." 2. Amended by Code Amdts. 1873-74, p. 449, to read: "After a plea or verdict of guilty, or after a verdict against the defendant on a plea of a former conviction or acquittal, if the judgment be not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which, in cases of felony, must be at least two days after the verdict, if the court intend to remain in session so long; but if not, then at as remote a time as can reasonably be allowed." 3. Amendment by Stats. 1901, p. 490; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 763, to read: "After a plea or verdict of guilty, or after a verdict against the defendant on the plea of a. former conviction or acquittal, if the judgment is not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which, in cases of felony, must be at least two days after the verdict." 5. Amended by Stats. 1909, p. 898, to read: "After a plea or verdict of guilty, or after a verdict against the defendant on a plea of a former conviction or acquittal, or once in jeopardy, the court must appoint a time for pronouncing judgment, which must not be less than two nor more than five days after the verdict or plea of guilty; provided, however, that the court may extend the time not more than ten days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment; and provided further, that the court may extend the time not more than twenty days in any case where the question of probation is considered, in accordance with section twelve hundred and three of this code. If in the opinion of the court there is a reasonable ground for believing a defendant insane, the court may extend the time of pronouncing sentence until the question of insanity has been heard and determined, as provided in chapter six, title ten, part two of this code." 6. Amended by Stats. 1911, p. 688. § 1192. Upon plea of guilty, court must determine degree. Upon a plea of guilty of a crime distinguished or divided into degrees, the court must, before passing sentence, determine the degree. Legislation § 1192. Enacted February 14, 1872; based on Crimes and Punishment Act, § 21, as amended by Stats. 1856, p. 219, § 2; so much of § 21 as relates to the code section reading, "but if such person shall be convicted on confession in open court, the court shall proceed, by examination of witnesses, to determine the degree of the crime and give sentence accordingly." § 1192a. Inquiry as to causes of criminal conduct. Notice to clerk of prison. Before judgment is pronounced upon any person convicted of an offense punishable by imprisonment in the state prison, it shall be the duty of the court, assisted by the district attorney, to ascertain, in a summary manner, and by such evidence as is obtainable, whether such person has learned and practiced any mechanical or other trade, and also such other facts tending to indicate the causes of the criminal character or conduct of such convicted person, or calculated to be of assistance to the court in determining the proper punishment of such person, or to the state board of prison directors in the performance of the duties imposed upon it by law, as the court shall deem proper. Within thirty days after judgment has been pronounced, the judge and the district attorney respectively shall cause to be filed. with the clerk of the court a brief statement of their views respecting the person convicted or sentenced and the crime committed. Within twenty days after the filing of such statement, the clerk of the court shall mail a copy thereof, certified by such clerk, with the postage thereon prepaid. addressed to the clerk of the prison to which such convicted person shall have been sentenced. The testimony pursuant to the provisions of this section shall be reported and transcribed by the clerk or official reporter. Within thirty days after judgment has been pronounced by the court, one copy of such transcript shall be filed with the clerk of the court, and another copy thereof shall be sent by mail, with postage prepaid, addressed to the warden of the prison to which such convicted person shall have been sentenced. Legislation § 1192a. Added by Stats. 1909, p. 365. § 1193. Presence of defendant. For the purpose of judg ment, if the conviction is for felony, the defendant must be personally present; if for a misdemeanor, judgment may be pronounced in his absence. Verdict in defendant's presence: See ante, § 1148. Legislation § 1193. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 473); in substance the same as Crim. Prac. Act, Stats. 1851, p. 261, § 449. § 1194. When defendant in custody, how brought before the court for judgment. When the defendant is in custody, the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so. Legislation § 1194. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 474); based on Crim. Prac. Act, Stats. 1851, p. 261, § 450, which read: "$ 450. When the defendant is convicted of a felony, if he be in custody, the court may direct the officer in whose custody he is, to bring him before it for judgment, and the officer shall do so accordingly." § 1195. How brought before the court when on bail. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal appearance is necessary, the court, in addition to the forfeiture of the undertaking of bail, or of the money deposited, may direct the clerk to issue a bench-warrant for his arrest. Forfeiture of bail, when ordered: See post, § 1305. Legislation § 1195. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 475); in substance the same as Crim. Prac. Act, Stats. 1851, p. 261, § 451. § 1196. Bench-warrant to issue. The clerk, on the application of the district attorney, may, at any time after the order, whether the court be sitting or not, issue a benchwarrant into one or more counties. Issuance of bench-warrant: See ante, § 980. Legislation § 1196. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 476); in substance the same as Crim. Prac. Act, Stats. 1851, p. 261, § 452. § 1197. Form of bench-warrant. The bench-warrant must be substantially in the following form: County of The People of the State of California, to any Sheriff, Constable, Marshal, or Policeman in this State: A. B., having been on the day of, A. D. eighteen [nineteen] hundred and duly convicted in the superior court of the county of of the crime of (designating it generally), you are therefore commanded forthwith to arrest the above-named A. B., and bring him before that court for judg ment. Given under my hand, with the seal of said court affixed, this day of, A. D. eighteen [nineteen] hundred and By order of the court. [Seal.] [Seal.] E. F., Clerk. [Amendment approved 1880; Code Amdts. 1880, p. 34.] Form of bench-warrant: See ante, §§ 981, 982. Legislation § 1197. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 477); in substance the same as Crim. Prac. Act, § 453, as amended by Stats. 1863, p. 161, § 18, except that it did not have the words "or municipal court" (added in the original code section). When enacted in 1872, § 1197 read: "1197. The bench-warrant must be substantially in the following form: County of. The People of the State of California, to any Sheriff, Constable, Marshal, or Policeman in this State: A. B., having been on the day of A. D. eighteen hundred and duly convicted in the county court (or district court, or municipal court, as the case may be) of the county of, of the crime of (designating it generally), you are therefore commanded forthwith to arrest the above-named A. B., and bring him before that court for judgment; or if the court has adjourned for the term, that you deliver him into the custody of the sheriff of the county of Given," etc., as in the amendment of 1880 (the present section). 2. Amended by Code Amdts. 1880, p. 34. § 1198. Warrant, how served. The bench-warrant may be served in any county in the same manner as a warrant of arrest, except that when served in another county it need not be indorsed by a magistrate of that county. How served: Compare ante, § 983. Legislation § 1198. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 478); in exact language of Crim. Prac. Act, Stats. 1851, p. 262, § 454. § 1199. Arrest of defendant. Whether the bench-warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court or commit him to the officer mentioned in the warrant, according to the command thereof. Legislation § 1199. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 479); in substance the same as Crim. Prac. Act, Stats. 1851, p. 262, § 455. § 1200. Arraignment of defendant for judgment. When the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the nature of the charge against him and of his plea, and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced. against him. [Amendment approved 1880; Code Amdts. 1880, p. 26.] Legislation § 1200. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 480); in substance the same as Crim. Prac. Act, Stats. 1851, p. 262, § 456. 2. Amended by Code Amdts. 1880, p. 26, changing "nature of the indictment" to "nature of the charge against him." § 1201. What causes may be shown against judgment. He may show, for cause against the judgment: 1. That he is insane; and if, in the opinion of the court, there is reasonable ground for believing him insane, the question of insanity must be tried as provided in chapter six, title ten, part two of this code. If, upon the trial of that question, the jury finds that he is sane, judgment must be pronounced, but if they find him insane, he must be committed to the state hospital for the care and treatment of the insane, until he becomes sane; and when notice is given of that fact, as provided in section one thousand three hun |