People v. Concepcion

Opinion

CORRIGAN, J.

Under Penal Code section 1043, subdivision (b)(2),1 a noncapital felony trial may continue in a defendant’s absence, if the defendant was present when trial began, then later voluntarily absents himself.

Defendant’s jury had been sworn, but on the morning of the first day evidence was to be taken, he escaped before court convened. Several hours later he was apprehended in a nearby community and the court was informed he could be returned to court the following morning. That afternoon the trial proceeded in his absence.

A divided Court of Appeal reversed, reasoning that…