With no explanation, chose the best option from "A", "B", "C" or "D". sentenced as defined under the Code of Criminal Procedure. Pri- or to 1981, statute defined a sentence as “the order of the court, made in the presence of the defendant and entered of record, pronouncing the judgment and ordering the same to be carried into execution in the manner prescribed by law.” Garbs v. State, 155 Tex.Crim. 290, 291, 234 S.W.2d 869, 870 (1950). Thus, a sentence was comprised of two parts: (1) the oral pronouncement of the judgment in the presence of the defendant and (2) the court’s written judgment and order for the judgment to be carried into execution. See id. Prior to 1981, appellate courts dismissed a criminal appeal for want of jurisdiction if oral pronouncement of the sentence was not made in the presence of the defendant. See Casias, 503 S.W.2d at 264-65 (<HOLDING>); Small v. State, 38 S.W. 798, 799

A: holding that if the record does not reflect that the sentence was pronounced in the defendants presence there is no sentence and the court is without jurisdiction to entertain an appeal
B: holding that the term of imprisonment for purposes of application note 5 is the sentence imposed by the state court and that it shall not be decreased to reflect a suspension of any part of the sentence
C: holding unconstitutional defendants sentence of death based upon the holding in roper supra and remanding for the montgomery circuit court to set aside the defendants death sentence and to sentence him to the only other sentence available  life in the penitentiary without the possibility of parole
D: holding that modification of judgment and sentence to reflect an hfo designation that was not orally pronounced at sentencing violated double jeopardy and constituted an illegal sentence
A.