People v. Dye

Defendant, with counsel present, entered a plea of guilty to the charge of breaking and entering a business place in nighttime with the intent to commit larceny on January 30, 1960. * Defendant’s counsel was not present when sentence. was imposed and this appeal is based on the assertion that this constituted error.

It is claimed that the effective “assistance of counsel” which is guaranteed by the Sixth Amendment to the United States Constitution requires that counsel be present at the sentencing of one convicted of a crime. The Federal courts have almost unanimously adopted this view.

“The…