For a felony, the defendant’s presence when judgment is pronounced is the default. Penal Code section 1193 allows certain exceptions, but a lawyer cannot waive the defendant’s presence on their own. One route requires the defendant’s own request, representation by counsel, and court approval; a separate route applies when reasonable diligence cannot secure the defendant’s presence and the court finds sentencing in the defendant’s absence serves the interests of justice. (Penal Code § 1193(a))
A defendant’s request must be personal and approved
Under the request route, the defendant asks in open court or in a notarized writing for the court to pronounce judgment in their absence, requests representation by counsel, and the court must approve. Convenience, travel difficulty, or counsel’s preference does not by itself establish that the court has approved the request. Preserve the signed writing or transcript, the court’s ruling, and the record showing who represented the defendant. (Penal Code § 1193(a)(1))
If a defendant in a noncapital case makes the request while unrepresented, the court must appoint counsel to represent the defendant at the pronouncement of judgment. This rule concerns the defendant’s personal request; it does not let counsel make the request instead. (Penal Code § 1193(a)(3))
A separate rule applies when the court cannot secure presence
Section 1193 also allows a felony judgment to be pronounced without the defendant if the court has exercised reasonable diligence to procure the defendant’s presence and finds that pronouncing judgment in the person’s absence serves the interests of justice. The transcript and minutes should show what efforts the court made and what finding it stated. A missed appearance alone does not answer whether those statutory conditions were met. (Penal Code § 1193(a)(1))
Misdemeanor cases have a separate statutory rule: section 1193(b) permits judgment to be pronounced in the defendant’s absence. That does not mean every absence raises no constitutional or case-specific issue. Review the charge level, notice, reason for absence, transcript, and written judgment with counsel. (Penal Code § 1193(b))
This concerns a sentence pronounced while the defendant is physically absent; an authorized remote appearance is a different question. If judgment was pronounced without you, preserve the sentencing notice, any request or waiver, minute order, transcript, and abstract. The Law Offices of David S. Chesley represents people facing California criminal charges. Call (800) 755-5174 to discuss the record and what the court approved.