State v. Jackson

Appellant was tried in his absence and convicted of housebreaking. We reverse and remand for a new trial.

Neither appellant nor his counsel was present at trial. The State produced no evidence at trial that appellant had been given notice of his trial date. At the sentencing hearing six months later, appellant moved for a new trial but was not permitted to state his grounds. Appellant argues on appeal that he is entitled to a new trial because the record does not support a finding that he knowingly and intelligently waived his right to be present. We agree.

Notice of the term of court for which…