State v. Kittel

Defendant appeals from a judgment of conviction for criminal mischief in the second degree (a Class A misdemeanor), ORS 164.354, and theft in the third degree (a Class C misdemeanor), ORS 164.043. He assigns error to the trial court’s decision to hear closing arguments and render a verdict in his absence. Specifically, defendant argues that the statutory right to be present at trial, ORS 136.040(1), 1 applies in misdemeanor cases and that the trial court erred when it determined that defendant had waived that right. We conclude that the court erred in determining that defendant had waived his…