Milton v. State

HOFFMAN, Judge.

Appellant-defendant Darrin D. Milton appeals his conviction for robbery, a Class B felony. Appellant's sole claim on appeal is that the trial court erred in proceeding to try him in absentia.

A defendant in a non-capital case may waive his right to be present at trial, but the waiver must be voluntarily, knowingly, and intelligently made. Covey v. State (1990), Ind.App., 553 N.E.2d 211, 212. The trial court may presume a defendant voluntarily, knowingly, and intelligently waived his right to be present and try the defendant in absentia upon a showing that *524the defendant knew the…