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Sentenced In Absentia

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February 26, 2008, 16:52
Aggregation
Sentenced In Absentia
Scenario: Defendant enters a guilty plea and is told to appear on a particular date for sentencing. The defendant does not appear and the judge proceeds anyway and sentences the defendant. Which Statement is correct?If a defendant voluntarily removes himself from the proceeding the Court may continue to the trial's conclusion and orally pronounce the sentence.The sentence is not formally pronounced and the appellate timetables do not run until appellant is back before the judge.The judgment begins at the first determination of the sentence.The Court Should not proceed without the defendant present.1 & 2
February 26, 2008, 16:54
Aggregation
Also, if the judgment reflects the first date, is that a valid judgment or does that judgment need to be corrected?
February 27, 2008, 07:47
Andrea W
When the defendant voluntarily absents himself, the court can continue on with the punishment hearing, hear all evidence, and determine a sentence. What it can't do is formally pronounce the sentence without the defendant there. Whenever the defendant is taken back into custody, he should be brought before the court and formally sentenced to the pre-determined sentence. The judgment should reflect the formal sentencing date, and you can nunc it if it doesn't.