Rule 5.1. Advisements After Sentencing
Effective January 1, 2024
(A) Upon entering a conviction, the court must sentence a defendant within thirty days of the plea or the finding or verdict of guilty, unless extended for good cause.
(B) Following the sentencing of a defendant on a conviction, or on a revocation or modification of post-conviction conditions in which the defendant has not waived the right to appeal, the judge must immediately advise the defendant:
(1) The defendant is entitled to take an appeal or file a motion to correct error.
(2) If the defendant wishes to file a motion to correct error, it must be done within thirty days of the sentencing.
(3) If the defendant wishes to take an appeal, the defendant must file a notice of appeal within thirty days after the sentencing or within thirty days after the motion to correct error is denied or deemed denied, if one is filed; if the notice of appeal is not timely filed, the right to appeal may be forfeited.
(4) If the defendant is financially unable to employ an attorney, the court will appoint counsel for defendant at public expense for the purpose of taking an appeal.
(C) After these advisements, the court must inquire whether the defendant wishes to appeal. If the defendant desires an appeal, the court must inquire whether defendant has funds to employ an attorney. If the court finds the defendant who wishes to appeal is financially unable to employ counsel, the court must promptly appoint an attorney to represent the defendant and notify the defendant.