State v. Arrington, 215 N.C. App. 161 (Aug. 16, 2011)

The defendant’s right to be present when sentence is pronounced was not violated when the trial judge included in the judgment court costs and fees for community service that had not been mentioned in open court. The change in the judgment was not substantive. “[E]ach of the conditions imposed . . . was a non-discretionary byproduct of the sentence that was imposed in open court.” Further, the court noted, payment of costs does not constitute punishment and, therefore, the imposition of costs on the defendant outside of his presence did not infringe upon his right to be present when sentence is pronounced.

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