State v. Miller

Leporld L. Miller appeals from the judgment of conviction for possession with intent to deliver controlled substance (cocaine base) within 1000 feet of a school. He argues that because he absconded before the first witness was called to testify, he was not "present at the beginning of the trial" under § 971.04(3), Stats., and, therefore, that the conviction must be vacated. We reject his argument and conclude that because Miller was presént when the jury was sworn, and because jeopardy attaches when a jury is sworn, § 972.07(2), Stats., Miller was "present at the beginning of his trial."…