Defendant entered a plea of guilty to a felony assault. Sentencing was delayed to allow a PSI to be completed.

PSI was completed but defendant failed to show up to the sentencing hearing. Is the State obligated to follow through with the plea now? Can the State proceed in abstentia?

My suggestion was to allow Defendant to go along with the plea bargain (if they show back up) but then file a felony bond jumping case against them. However, the other prosecutor on the case doesn't think we will be able to prove the Defendant had notice to be there.

Thoughts? Suggestions?

I think you can withdraw your plea, but more importantly, if the court finds that the defendant’s absence is voluntary, I think you can proceed to sentencing. Here are three cases that I’ve come across that cite CCP 33.03 under similar circumstances:

Papakostas, 145 SW3d 723
Moore, 670 SW2d 259
Stokes, 701 SW2d 54

I’ve been burned a few times when a defendant fta’d after pleading guilty. Now, as part of my pleas where there will be such a delay between plea and sentencing, the defendant agrees that if he fails to appear at sentencing, the agreement on punishment is abandoned, the plea of guilty becomes an open plea before the court, and the court has the full range of punishment available.