State v. Tamplin

OPINION

HATHAWAY, Chief Judge.

After a second jury trial, defendant was convicted of assault with a deadly weapon and the allegation of a prior conviction was found to be true. He was sentenced to 10 to 15 years in the Arizona State Prison.

Defendant contends that the trial court erred in finding that he had waived his right to be present for the selection of the jury for the second trial and in proceeding in his absence. We disagree. Like any number of constitutional rights, the right of the defendant to. be present at every critical stage of his trial can be waived. State v. Bohn, 116 Ariz.…