State v. Garza

Defendant Benjamin Garza claims that his constitutional right to be present at trial was violated when his jury trial for attempting to elude a pursuing police vehicle proceeded in his absence. When Garza did not appear in court on time after his trial was underway, the judge made a preliminary finding of voluntary absence and proceeded with the jury trial without him. Because the trial judge abused his discretion when he initially found Garza’s absence voluntary, we reverse and remand for a new trial.

FACTS AND PROCEDURE

Garza was alleged to have engaged in a lengthy high-speed chase on the…