State v. Cain

The appellant was tried in absentia and without counsel and convicted of driving under the influence of alcohol, third offense. He was sentenced to three (3) years’ imprisonment and a fine of $2,000. He argues the court cannot infer a valid waiver of his right to counsel from his failure to be present at trial. We disagree and affirm the conviction.

The appellant was released on a general appearance bond 1 and was represented by counsel at a preliminary hearing. Both the appellant and his attorney knew the case was coming up for trial. The appellant knew he had a duty to stay in touch with his…