State v. Skillstad

Defendant was charged with two counts of second-degree criminal mischief, a misdemeanor. ORS 164.354. Defendant, who was not represented by counsel, signed and filed a waiver of appearance for trial. She then failed to appear for trial. The court proceeded in her absence and convicted her on both counts. Defendant filed a motion for a new trial, asserting that ORS 136.040(1) 2 conferred on her an absolute right to appear at trial, either in person or through counsel. The trial court granted defendant’s motion, and the state appeals. We reverse and remand.

After defendant was charged and…