State v. Houtz

Defendant Robert Glen Houtz was convicted, in absentia, for automobile homicide, drunk driving, hit and run driving, and failure to report an accident. He claims that the trial court erred in proceeding with the jury trial in defendant’s absence. The State candidly concedes the mistake below and agrees that the convictions should be reversed for retrial.

Defendant’s trial was scheduled for the morning of February 26, 1985, in Beaver, Utah. When defendant did not appear, the court continued the trial until the next morning, February 27, 1985. 1 Defendant again did not appear that morning, and…