Orange County Jail InfoIndependent guide · Orange County, California

Between a guilty plea or verdict and sentencing

What the Penal Code says about the time between a plea, finding or verdict of guilty and the judgment, with its official text. For a specific case, ask the defense attorney or the court.

By Orange County Jail Info Page reviewed:

The short answer

The Sheriff’s Department pages we checked on October 26, 2026 don’t define “presentenced”, so this guide can’t say what it means on a particular record: the defense attorney or the court can.

What the Penal Code says about the time between a guilty plea, finding or verdict and the judgment in a felony case: the court sets a time to pronounce judgment, within 20 judicial days, which it can extend, and refers the case to the probation officer for a report if the person is eligible for probation (section 1191, below).

For a specific person’s court date: To find out when someone goes to court, the Sheriff’s Department says to call the court.

Official: Custody FAQs (OC Sheriff’s Department), checked

What the Penal Code says

The time for pronouncing judgment in a felony case (Penal Code section 1191)

  • In a felony case, after a plea, finding or verdict of guilty, the court sets a time for pronouncing judgment within 20 judicial days. In that time, it refers the case to the probation officer for a report if the defendant is eligible for probation.
  • The court may extend that time by up to 10 days to hear or decide a motion for a new trial or in arrest of judgment, and further until the probation officer’s report is received and any proceedings on granting or denying probation are finished.
  • If the court believes, on reasonable ground, that the defendant may be insane, it may extend the time until the question of insanity has been heard and decided.
  • If the court orders the defendant placed in a diagnostic facility under section 1203.03, the time is extended by the days until the Director of Corrections gives notice of whether the department will receive the defendant and, if it will, until the defendant returns to court from the facility.
The official text of section 1191

In a felony case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of a former conviction or acquittal, or once in jeopardy, the court shall appoint a time for pronouncing judgment, which shall be within 20 judicial days after the verdict, finding, or plea of guilty, during which time the court shall refer the case to the probation officer for a report if eligible for probation and pursuant to Section 1203. However, the court may extend the time not more than 10 days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment, and may further extend the time until the probation officer’s report is received and until any proceedings for granting or denying probation have been disposed of. If, in the opinion of the court, there is a reasonable ground for believing a defendant insane, the court may extend the time for pronouncing sentence until the question of insanity has been heard and determined, as provided in this code. If the court orders the defendant placed in a diagnostic facility pursuant to Section 1203.03, the time otherwise allowed by this section for pronouncing judgment is extended by a period equal to (1) the number of days which elapse between the date of the order and the date on which notice is received from the Director of Corrections advising whether or not the Department of Corrections will receive the defendant in the facility, and (2) if the director notifies the court that it will receive the defendant, the time which elapses until his or her return to the court from the facility.

Version quoted: (Amended by Stats. 1998, Ch. 931, Sec. 392. Effective September 28, 1998.)

Official: Penal Code section 1191 on California Legislative Information, read

Probation and the probation officer’s report (Penal Code section 1203)

  • “Probation” is the suspension of the imposition or execution of a sentence, with a conditional, revocable release in the community under a probation officer’s supervision. A “conditional sentence” is the same suspension, with a revocable release in the community under conditions set by the court, without a probation officer’s supervision.
  • If a person convicted of a felony is eligible for probation, the court refers the matter to a probation officer before judgment, except as subdivision (j) provides. The officer investigates the circumstances of the crime and the person’s history and record, and makes a written report with findings and recommendations, including on granting or denying probation.
  • The report goes to the court and to the prosecuting and defense attorneys at least five days before the hearing on it, or nine days if the defendant or the prosecutor asks. The attorneys may waive that time by stipulation.
  • At the hearing, the court considers the report and decides whether probation suits the case. It may grant probation if it finds circumstances in mitigation, or that probation would serve the ends of justice.
  • After a misdemeanor conviction, the court may refer the matter to the probation officer for a report, or summarily pronounce a conditional sentence. It must refer it for a report when the offense requires sex offender registration, or when the probation officer recommends that the court order registration.
  • Except in unusual cases where the interests of justice would best be served by probation, it may not be granted to the people listed in subdivision (e). That list isn’t covered here.
  • Probation may not be granted to a person convicted of a violent or serious felony who was on probation for a felony when they committed the new felony (subdivision (k)). This guide doesn’t summarize the rest of the section.
The official text of the parts summarized

(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors.

(b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment.

(2) (A) The probation officer shall immediately investigate and make a written report to the court containing findings and recommendations, including recommendations as to the granting or denying of probation and the conditions of probation, if granted.

[…] (text omitted)

(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court.

(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered.

[…] (text omitted)

(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires that person to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit the person to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced.

(e) Except in unusual cases in which the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons:

[…] (text omitted)

(j) In any court in which a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report the findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs.

[…] (text omitted)

(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.

[…] (text omitted)

Version quoted: (Amended by Stats. 2023, Ch. 218, Sec. 4. (SB 852) Effective January 1, 2024.)

Official: Penal Code section 1203 on California Legislative Information, read

Not legal advice

This is general information from the official text. It doesn’t say what applies to anyone’s case. Ask the defense attorney or the court; see the court locations.

Sources

Orange County Sheriff’s Department

Every fact above links to the official page it comes from, with the date we checked it. We quote official wording only where the exact words matter. See how we check facts.