APPEAL OF SENTENCE

(a) (1) Application for Leave to Appeal. An appeal to the Law Court by a defendant for review of sentence shall be as provided in 15 M.R.S. §§ 2151-2157 and these Rules. Any defendant qualified under 15 M.R.S. § 2151 to seek sentence review may apply to the Law Court by filing an application to allow an appeal of sentence with the clerk of the court in which sentence was imposed. (2) The application for review of sentence shall conform to the Judicial Branch form for sentence appeals. The defendant or the defendant’s attorney shall sign the application. The clerk of the court in which sentence was imposed shall mail a date-stamped copy of the application to the court reporter. The clerk shall note in the criminal docket the giving of such notification, with the date thereof. (3) When a court imposes a sentence for which a defendant, pursuant to 15 M.R.S. § 2151, is qualified to seek sentence review, the defendant shall be advised of the right to seek sentence review. If an unrepresented defendant requests, the court shall cause an application for review of sentence to be prepared and filed on behalf of the defendant forthwith. (b) Time for Filing an Application for Leave to Appeal. The time within which to file an application to allow an appeal of sentence shall be as provided in Rule 2B(b)(1). The appellant may, without leave of the Law Court, amend that application no later than 14 days after the filing in the Law Court of the sentencing hearing transcript. (c) Docketing the Application in the Law Court. Upon receipt of the application to allow an appeal of sentence, the clerk of the court in which 59 sentence was imposed shall forthwith transmit to the Law Court the following: a copy of the application with the date of the filing; a copy of the docket entries, the charging instrument, and the order of judgment and commitment; a copy of the M.R.U. Crim. P. 32 pre-sentence report, if any; and a copy of any other material, including documentary exhibits, offered to or considered by the sentencing court in connection with the sentencing proceeding. The case shall be marked “Sentence Appeal,” on the docket. The court in which sentence was imposed shall take no further action pending disposition by the Law Court of the application for review of sentence and, if the application is granted, shall take no further action pending ruling on the sentence appeal except as provided in Rule 3(b), but with the further limitation, as reflected in 15 M.R.S. § 2157, that the court may not stay execution of sentence or set bail. (d) Duty of Reporter to Prepare and File Sentencing Transcript. Unless the Law Court otherwise directs, within 42 days after the date of filing of the application to allow appeal of sentence, with notice provided by the date- stamped copy of the application from the clerk of the court in which sentence was imposed, the court reporter shall file the transcript of the sentencing hearing with the Clerk of the Law Court. If the court reporter anticipates that the transcript cannot be prepared within the 42-day limit, the court reporter shall file an application for an extension as provided in Rule 6(c)(2). (e) Correction or Modification of Record. The court in which sentence was imposed, the Sentence Review Panel of the Supreme Judicial Court, and the Law Court may correct or supplement the record as provided in Rule 5(e), except that the Panel and Law Court may, without motion or suggestion, direct that a supplemental record be transmitted by the clerk of the court in which sentence was imposed. (f) Denial of Application for Leave to Appeal. If the Sentence Review Panel of the Supreme Judicial Court denies the application to allow an appeal of sentence, the Clerk of the Law Court shall forthwith send to the clerk of the court in which sentence was imposed and to each counsel of record a written notice of that denial. As provided in 15 M.R.S. § 2152, a denial of the application is final and subject to no further review. 60 (g) Docketing Sentence Appeal in Law Court. If the Sentence Review Panel of the Supreme Judicial Court grants the application to allow an appeal of sentence, the Clerk of the Law Court shall forthwith send to each party and to the clerk of the court in which sentence was imposed a copy of the order granting the application, together with a written notice of the Law Court docket number and the date within which any further record on appeal must be filed. (h) Appeal Processing. The order granting the application to allow an appeal of sentence shall have the same effect for appeal process scheduling as a notice of appeal pursuant to Rule 2A(b)(1). A sentence appeal in the Law Court after an application for leave to appeal is granted shall proceed in accordance with the general appeal provisions of Maine Rules of Appellate Procedure, except that any party desiring transcripts of the proceeding not already in the file shall file a transcript order form within 7 days after notice that leave to appeal has been granted. If an appeal is pending pursuant to Rule 2A involving the same criminal judgment, the sentence appeal shall be considered as part of that appeal. (i) Relief. If the Law Court, pursuant to 15 M.R.S. § 2156, remands the case to the court in which sentence was imposed for further proceedings and resentencing or solely for resentencing, any justice or judge of that court may act thereon, unless the Law Court otherwise directs.