People v. Valdez

Opinion

POTTER, J.

This is a consolidated appeal from the judgment of conviction of second degree burglary and motion for new trial pursuant to Penal Code section 1181, subdivision 9. At issue is whether a defendant who flees the jurisdiction following a guilty verdict and is not apprehended and sentenced until after the destruction of the court reporter’s notes must be granted a new trial. We conclude that where, as here, the defendant absconds and the notes have been lawfully destroyed in accordance with Government Code section 69955, 1 no new trial will be ordered.

Following the October 8,…