State v. Knapp

David Knapp appeals from the denial of a motion to vacate his sentence. We reject the arguments that the sixth amendment entitles an attorney to be present at a presentence interview and that the safeguards created in Miranda v. Arizona, 384 U.S. 436 (1966), are applicable at such meetings. We affirm.

In June 1981, Knapp pled guilty to one count of burglary and resisting an officer. The trial court, on its own motion, ordered a presentence report and deferred sentencing for thirty days. Although the decision to call for a report was announced in open court and in the presence of the defense…