State v. Harris

The issue is whether defendant’s rights under ORS 136.040 1 were violated when his burglary trial continued in his voluntary absence. We hold they were not.

Defendant was charged with burglary, a felony. Pending outcome of his trial, he had been released from custody. ORS 135.230 to 135.270. Trial commenced upon a Thursday and continued through Friday with defendant present. The state had rested at midafternoon on Friday. Defendant’s father and three brothers completed their testimony as defense witnesses at about 4:15 that afternoon. Defendant had another witness under subpoena, who had…