South Dakota § 23A-39-3 (Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.

South Dakota Statutes

§ 23A-39-3 — (Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.

South Dakota·Title 23A CRIMINAL PROCEDURE·Ch. 23A-39 (RULE 43) PRESENCE OF THE DEFENDANT

A defendant need not be present in the following situations:

(1)A corporation may appear by counsel for all purposes;

(2)In prosecutions for misdemeanors, a court may permit arraignment, the preliminary hearing, plea, trial, and imposition of sentence in the defendant's absence. If, however, the presence of the defendant is necessary for the purpose of identification, a court may, upon application by the prosecuting attorney, order his personal attendance at the trial; or (3) The defendant's presence is not required at any hearing to reduce a sentence pursuant to § 23A-31-1 .

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A defendant need not be present in the following situations: (1) A corporation may appear by counsel for all purposes; (2) In prosecutions for misdemeanors, a court may permit arraignment, the preliminary hearing, plea, trial, and imposition of sentence in the defendant's absence. If, however, the presence of the defendant is necessary for the purpose of identification, a court may, upon application by the prosecuting attorney, order his personal attendance at the trial; or (3) The defendant's presence is not required at any hearing to reduce a sentence pursuant to § 23A-31-1 .

South Dakota § 23A-39-3 ((Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.