Section 27.7 Presence of the Defendant and Counsel

• Library: Criminal Practice 2012 Supp

A. (§27.7) Presence of the Defendant and Counsel

Section 546.550, RSMo 2000, requires that a criminal defendant be personally present for the judgment if the conviction is for an offense that is punishable by imprisonment or if imprisonment is assessed as punishment by a jury. If the punishment is for a fine only, the defendant must be personally present or some “responsible” person must undertake to pay the judgment and costs. Usually the attorney for the defendant will be the person that pays the judgment and costs. Under Rule 29.07(b)(2), however, the defendant must be personally present if the conviction is for a felony, regardless of whether it is punishable by imprisonment or a fine. If it is a misdemeanor conviction, the defendant must be personally present unless the court, the prosecuting attorney, and the defendant’s attorney consent to the defendant’s absence during the sentence and judgment. If the above statute and rule are taken together, the defendant must personally appear for all felony convictions but may not have to personally appear when the conviction is for a misdemeanor and involves a fine. Failure of the defendant to appear at the sentence and judgment may result in a warrant being issued. Section 546.560, RSMo 2000.

The sentencing of a defendant in a criminal prosecution is a...