Section 380.40. Defendant's presence at sentencing  


Latest version.
  • 1.   In general.  The defendant must be personally present at the time
      sentence is pronounced.
        2.  Exception.  Where sentence is to be pronounced for  a  misdemeanor
      or  for  a  petty  offense,  the  court may, on motion of the defendant,
      dispense with the requirement that the defendant be personally  present.
      Any such motion must be accompanied by a waiver, signed and acknowledged
      by  the defendant, reciting the maximum sentence that may be imposed for
      the offense and stating that  the  defendant  waives  the  right  to  be
      personally present at the time sentence is pronounced.
        3.  Corporations.  Sentence may be pronounced against a corporation in
      the  absence  of  counsel  if  counsel  fails  to  appear on the date of
      sentence after reasonable notice thereof.