People v. Gutierrez

Opinion

CHIN, J.

In a noncapital felony case, Penal Code 1 section 1043, subdivision (b)(2), permits a trial court to continue with trial in a defendant’s absence, after the trial has commenced in the defendant’s presence, if the defendant is “voluntarily absent.” We must decide here whether a defendant in custody who refuses to leave a court lockup facility to attend his trial is “voluntarily absent,” and if, under these circumstances, the trial court must obtain the defendant’s express waiver of the right to be present. Contrary to the Court of Appeal majority, we conclude that the defendant…