Gilbert v. State

SULLIVAN, Judge.

William Gilbert appeals his jury conviction of second degree burglary. I.C. 35-13- 4r-4 (Burns Code Ed.1971). 1 He seeks reversal on the basis that a portion of his trial was conducted in absentia without an express and voluntary waiver of his right to be present. 2 We affirm.

Gilbert waived formal arraignment and entered a plea of not guilty on December 24, 1975. The trial was scheduled for 9:00 a. m. on June 11, 1976. Gilbert, free on bond, failed to appear in court on the morning of trial. The trial judge delayed the proceedings for thirty minutes and then called both…