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

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.)

Other Questions


On remand after a reversal of the sentencing, does a defendant have a right to be present and to be heard at the new sentencing hearing? (California, United States of America)
Is a defendant's history of violence relevant to the sentencing of a defendant in a capital sentencing trial? (California, United States of America)
When a defendant waives his right to be present at trial by refusing to leave the courtroom, does he have a right to remain in the courtroom? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is the impact of a death sentence on a defendant's right to appeal against his sentence? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
What is the impact of a death sentence on a defendant's right to appeal against his sentence? (California, United States of America)
If a defendant waives his appeal against his sentence because his codefendants later negotiate and receive sentences more lenient than his, would that waiver of appellate rights be enforceable? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.