Is a defendant's presence required at a criminal trial subject to certain exceptions?

California, United States of America


The following excerpt is from People v. Penunuri, 233 Cal.Rptr.3d 324, 418 P.3d 263, 5 Cal.5th 126 (Cal. 2018):

present...." (See also 1043 [requiring a defendant's presence of felony trial subject to certain exceptions].) We have held that "[n]either the state nor the federal Constitution, nor the statutory requirements of sections 977 and 1043, require the defendant's personal appearance at proceedings where his presence bears no reasonable, substantial relation to his opportunity to defend the charges against him." ( People v. Butler (2009) 46 Cal.4th 847, 861, 95 Cal.Rptr.3d 376, 209 P.3d 596.)

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