Presence of defendant at pronouncement of judgment
Source:
Section 137.030 — Presence of defendant at pronouncement of judgment, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html.
Notes of Decisions
A substantive change in the sentence must be accomplished in defendant’s presence or it may be invalidated. State v. Blake, 7 Or App 307, 490 P2d 1026 (1971)
A modification of a judgment providing that sentences would be served consecutively, rather than concurrently is a substantive change in the sentence. State v. Blake, 7 Or App 307, 490 P2d 1026 (1971)
Where court imposes written sentence that is more severe than oral proposed sentence, statement of proposed sentence in presence of defendant does not satisfy requirement that defendant be present when sentenced. State v. Jacobs, 200 Or App 665, 117 P3d 290 (2005)
Modification that acts only to make otherwise legally incorrect sentence comply with mandatory sentencing law is administrative change that does not involve right of participation by defendant. State v. Rickard, 225 Or App 488, 201 P3d 927 (2009)
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