Except as otherwise provided by § 80.36, a person who has been convicted of a misdemeanor or a petty misdemeanor may be sentenced to imprisonment, as follows: (a) in the case of a misdemeanor, the court shall set a maximum term not to exceed one (1) year; (b) in the case of a petty misdemeanor, the court shall set a definite term not to exceed sixty (60) days. SOURCE: G.P.C. § 19; *M.P.C. § 6.08; Cal. § 320 (1971); Mass. ch. 264, § 10; N.J. § 2C:43-8. CROSS-REFERENCES: CCP § 680.1(b) (mended by P.L. 13-187:28 (Sept. 2, 1976) - Right to jury trial) COMMENT: § 80.34 provides the basic terms of imprisonment which may be imposed upon a conviction for a misdemeanor or petty misdemeanor. Under Subsection (a) only a maximum term is provided. The Parole Board will determine the actual release date. Under Subsection (b), the sentencing judge sets a definite term and the Parole Board is neither required nor permitted to change the release date so established. It is important to note that § 680.1(b) of the Code of Civil Procedure has been amended by P.L. 13-187 (companion amendatory bill to this Title) so that there is no absolute right to a jury trial in cases of a petty misdemeanor.
COL 2024-12-05