State v. Mihill

NICHOLS, Justice.

In a jury trial the Defendant, Terrance L. Mihill, was convicted in Superior Court in Cumberland County of burglary (17-A M.R. S.A. § 401) and theft (17-A M.R.S.A. § 353). Upon appeal, he asserts that the presiding justice erred in continuing the trial in his absence, in accepting during the trial a stipulation in which his then attorney joined, *1180and in failing to provide him with an. opportunity to explain his absence prior to sentencing.

We deny his appeal.

We set forth the three-fold requirements for continuing a trial in the absence of a defendant pursuant to M.R.Crim.P. 43…