People v. Vargas

I agree that it is error for a trial judge to leave the bench during a felony trial without first calling a recess. I cannot agree, however, with the majority’s adoption of a rule which makes such an error per se reversible. In my view, reversal in this situation should be predicated on whether the defendant was prejudiced by the trial judge’s absence. I would find in this case that the trial judge’s absence from the bench caused no prejudice to the defendant and does not require reversal of his conviction.

The majority concludes that a rule of per se reversal is required by this court’s prior…