State v. Elisondo

SWANSTROM, Judge.

In a jury trial Richard Elisondo was found guilty of aggravated battery committed upon his seventy-three-year-old uncle. He was sentenced to an indeterminate term not to exceed fourteen years. On appeal, Elisondo contends that (1) the court erred in admitting into evidence the preliminary hearing testimony of a witness, particularly where the state failed to establish the witness’ unavailability at trial; (2) undue prejudice resulted from the court’s commencement of trial proceedings without Elisondo’s presence in the courtroom; (3) the court’s oral reprimand of Elisondo in…