What wording should I use in a judgment where the defendant entered a guilty plea and sentencing was reset. Defendant then failed to appear and is sentenced in absentia.

[This message was edited by Michael Mark on 05-15-03 at .]

While I think you can do setencing in absentia, see CCP 33.03,  LaFave, 5 Criminal Procedure �
24.2(d) (2d ed.1999), there is some reason to worry about it. Larez v. State, 2003 WL 253614, No Publication, Tex.App.-Fort Worth Feb 06, 2003, no pet.) (sentencing in absentia would violate CCP 42.03, sec. 1(a)).

I tried a man in abstentia for murder, both guilt portion and punishment to a jury. I beleive the court accepted the jury verdict and did the formal sentencing after he was caught. I will try too find the file. It was upheld.