Ellis v. State

CONOVER, Judge.

David Ellis (Ellis) appeals his conviction for attempted automobile theft. Ellis presents only one issue in this appeal:

whether the trial court committed fundamental error by questioning Ellis, when his attorney was not present, regarding Ellis’s absence from trial.

Remanded with instructions.

On May 8,1986, an attorney was appointed to represent Ellis who had been charged with attempted automobile theft. At a preliminary hearing held on July 8, 1986, attended by both Ellis and his attorney, the trial court informed the parties trial would be held on September 29,1986. Ellis…