California, United States of America
The following excerpt is from People v. Goolsby, D073368 (Cal. App. 2019):
A defendant has a right to be present at critical stages of a criminal prosecution, a right protected by both the federal and state constitution. (People v. Perry (2006) 38 Cal.4th 302, 311.) This includes the right to be present at sentencing, which is "an essential and material phase of the criminal proceeding." (People v. Arbee (1983) 143 Cal.App.3d 351, 355 (Arbee).) This right also exists under section 977, subdivision (b)(1) which provides in part: "[I]n all cases in which a felony is charged, the accused shall be personally present at . . . the time of the imposition of sentence." Moreover, particularly apt in this case, a defendant "is entitled to due process in the award of credits, which in this context entails sufficient notice of the facts that restrict his ability to earn credits and, if he does not admit them, a reasonable opportunity to prepare and present a defense." (People v. Lara (2012) 54 Cal.4th 896, 906.)
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