TATES, ELIJAH v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0486-23 ELIJAH TATES, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS BRAZOS COUNTY PARKER, J., filed a concurring opinion in which SCHENCK, P.J., and FINLEY, J., joined. CONCURRING OPINION I join the Court’s opinion but write separately to expand on a few points. In Article 33.03, the exception to the requirement that the defendant be “personally present” is when “the defendant voluntarily absents himself.”1 The “voluntarily absents himself” wording is likely derived from the…