Can a defendant waive his right to be present at trial when evidence is not taken?

California, United States of America

The following excerpt is from People v. Box, 23 Cal.4th 1153, 5 P.3d 130, 99 Cal.Rptr.2d 69 (Cal. 2000):

"[E]ven in a capital case, defendants may generally waive their right to be present at trial when evidence is not taken." (People v. Kiel ( 2000) 22 Cal.4th 1153, 1196, 96 Cal.Rptr.2d 1, 998 P.2d 969.) This general rule applies to discussions of legal matters. (Ibid.) While defendant contends his waiver was coerced by the trial court's allegedly improper shackling condition, for the reasons that follow there would have been no error even without the waiver.

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