State v. Thurlby

¶1 — The State charged Tammera Michelle Thurlby with three counts of unlawful delivery of a controlled substance. Thurlby was present when her two-day trial commenced, but she failed to appear on the second day. The trial court found that Thurlby was voluntarily absent and exercised its discretion to proceed with trial. In Thurlby’s absence, the jury found her guilty on all three counts. Thurlby challenges the trial court’s finding of voluntary absence. She also argues that the trial court erred because it failed to expressly state it was considering a presumption against waiver during its…