The offense charged here is a white-collar crime which upon conviction could result in a year's imprisonment in the county jail. It is obvious such an imprisonment, imposed without defendant ever having been before the court, would pose grave constitutional issues. See Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972); cf. State v. Hendricks, 240 N.W.2d 640 (Iowa 1976); State v. Welfort, 238 N.W.2d 781 (Iowa 1976); 23 C.J.S. Criminal Law ยง 975, at 903 (1961) ("it has also been held that where the offense is punishable by imprisonment waiver [of right to be present at trial] must be by accused personally."). It is equally obvious the State, with its burden of proof, should have the right to elect to require defendant's presence.
X. By virtue of the above holding there is no need to discuss the indeterminate sentence here once again improperly entered by Judicial Magistrate Phelan. See State v. Hendricks, 240 N.W.2d 640 (Iowa 1976), and citations. We reverse and remand this case for a new trial before a judge of the district court.