State v. Atherton

Anthony Atherton did not appear for the last day of his trial because he had been incarcerated on an unrelated charge. The trial court found that Atherton had voluntarily waived his right to be present at trial, and refused to grant a mistrial. Atherton was found guilty, and now appeals. Because the record does not establish voluntary waiver, we reverse.

I

Atherton was charged with delivery of cocaine with an enhancement for delivering drugs within 1,000 feet of a school bus stop.1 He was out of custody on bond during his jury trial. He appeared for court on the first three days of his trial.…