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Terms Used In Louisiana Code of Criminal Procedure 835

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

            A. Except as provided in Paragraph B of this Article, in felony cases the defendant shall always be present when sentence is pronounced and, in misdemeanor cases, the defendant shall be present when sentence is pronounced unless excused by the court. If a sentence is improperly pronounced in the defendant’s absence, he shall be resentenced when his presence is secured.

            B. Nothing in this Article prohibits the court, by local rule, from providing for a defendant’s appearance at the pronouncement of sentence by simultaneous audio-visual transmission in accordance with the provisions of Article 562.

            Amended by Acts 2020, No. 160, §1.