Barfield v. Commonwealth

MOON, Chief Judge.

Archie Barfield appeals his bench trial convictions of rape and forcible sodomy. He argues that the trial judge erred by proceeding in his absence when, after the court had recessed at the end of the first day of trial, he failed to appear for the second and concluding day of trial. Because we find Barfield’s absence from the second day of trial to be a knowing and voluntary waiver of his right to be present as guaranteed by the Sixth Amendment and Code § 19.2-259, we hold the trial court did not err in proceeding in his absence; accordingly, we affirm.

At the conclusion of…