Sisk v. Commonwealth

Opinion

MOON, J.

Arthur Nelson Sisk seeks reversal of his felony conviction of driving after having been declared an habitual offender. He contends that he was wrongfully tried in his absence after the trial judge ruled that he waived his right to be present at his felony trial by failing to appear. We agree that, under the circumstances of this case, Sisk should not have been deemed to have waived or forfeited his right to be present at trial.

Sisk was arrested on June 14, 1984, and charged with operating a motor vehicle after having been declared an habitual offender. He appeared in the…