23A-39-3. (Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.
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/sd/title-23/chapter-23-39/23a-39-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 .