Does a defendant have a right to be present at a sentencing hearing?

California, United States of America


The following excerpt is from People v. Kriss, 158 Cal.Rptr. 420, 96 Cal.App.3d 913 (Cal. App. 1979):

The People cite several cases on the above issues but none appears persuasive. People v. Giles (1945) 70 Cal.App.2d Supp. 872, 161 P.2d 623 distinguished a trial from a sentencing hearing in the context of the type of evidence a judge could consider at sentencing. The defendant was present at sentencing and the court stated "the Defendant has a right to be present when judgment is imposed upon him . . ." to enable him to deny the accusations made against him and to confront his accusers. 70 Cal.App.2d Supp. at 881, 161 P.2d at 628.

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