(Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received.

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23A-27-8.(Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received.

If a court is of the view that there is information in a presentence report which should not be disclosed under §23A-27-7, the court in lieu of making the report or part thereof available shall state orally or in writing a summary of the factual information contained therein to be relied on in determining sentence, and shall give the defendant, his counsel, or the prosecuting attorney an opportunity to comment thereon. The statement may be made to the parties in chambers.

Source: SL 1978, ch 178, §340.


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