State v. Miller

LANSING, Chief Judge.

In this appeal, Stephen Lee Miller contends that his conviction for burglary should be set aside because his constitutional right to be present at trial was violated when the district court continued with the trial despite Miller’s failure to appear on time on the second trial day. Miller also contends that the sentence he received is unreasonable.

FACTS AND PROCEDURAL BACKGROUND

Miller was charged with burglary, Idaho Code Section 18-1401, after he was discovered removing copper tubing and wiring from a vacant movie theater in Boise. The case was scheduled for a two-day…