Does a criminal defendant have a right to be personally present at sentencing and resentencing?

California, United States of America


The following excerpt is from People v. Mitchell, C087458, C090010 (Cal. App. 2021):

" 'Broadly stated, a criminal defendant has a right to be personally present at certain pretrial proceedings and at trial under various provisions of law, including the confrontation clause of the Sixth Amendment to the United States Constitution, the due process clause of the Fourteenth Amendment to the United States Constitution, section 15 of article I of the California Constitution, and sections 977 and 1043.' (People v. Cole (2004) 33 Cal.4th 1158, 1230.) That right extends to sentencing and resentencing

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