Can a defendant waive his right to be personally present during trial?

California, United States of America


The following excerpt is from People v. Arno, 153 Cal.Rptr. 624, 90 Cal.App.3d 505 (Cal. App. 1979):

[90 Cal.App.3d 531] It is clear that the right to be personally present during trial may be waived pursuant to Penal Code section 977, subdivision (a), after a finding of voluntary absence pursuant to Penal Code section 1043 which was designed to prevent a defendant from intentionally frustrating the orderly process of his trial by voluntarily absenting himself. (See People v. Connolly (1973) 36 Cal.App.3d 379, 384-385, 111 Cal.Rptr. 409.)

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