State v. Davis

OPINION

RICHMOND, Judge.

Two questions are presented on this appeal — (1) whether appellant’s motion for mistrial should have been granted because of improper prosecutorial argument, and (2) whether imposition of sentence in the absence of appellant was constitutionally infirm.

Appellant was charged with first degree burglary, was tried in absentia and the jury returned a guilty verdict. No question is raised on appeal concerning the propriety of proceeding with the trial in appellant’s absence, and the record reflects that pursuant to Rule 9.1, Rules of Criminal Procedure, the court found that…