Does a trial court have the power to order a defendant to personally appear at trial?

California, United States of America


The following excerpt is from Ernst v. Municipal Court, 104 Cal.App.3d 710, 163 Cal.Rptr. 861 (Cal. App. 1980):

We have little doubt that a trial court at all times has the power to order a defendant to personally appear where necessary to properly conduct the trial. (Beasley v. Municipal Court, 32 Cal.App.3d 1020, 108 Cal.Rptr. 637.) 2 As it turns out, in this case, the exercise of such power would have undoubtedly forestalled the reversal by the appellate department and the later issuance of the writ of prohibition. The fact is, however, that under the circumstances the personal presence of the defendant was neither required nor necessary to the validity of the conviction.

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