Brown v. State

I concur in affirming the conviction in this case. However, I respectfully dissent from the majority’s position holding it was not error for the trial court to allow Brown’s absence from his sentencing trial. Although I agree with the general proposition that defendants may waive many of their constitutional rights, the issue in this case is whether the trial judge should have allowed this defendant to do so. Under the circumstances here, I do not think Brown should have been allowed to absent himself from the second stage proceedings.

Title 22 O.S.1981, § 588 provides:

If the indictment or…