Is a defendant's right to be present at trial an absolute right?

California, United States of America

The following excerpt is from People v. Morgan, B304291 (Cal. App. 2021):

"A criminal defendant's right to be present at trial is protected under both the federal and state Constitutions. [Citations.]" (People v. Gutierrez (2003) 29 Cal.4th 1196, 1202 (Gut ierrez).)
"[T]he right is not an absolute one. [Citation.] It may be expressly or impliedly waived. (People v. Concepcion (2008) 45 Cal.4th 77, 82 [84 Cal.Rptr.3d 418, 193 P.3d 1172] (Concepcion).) As relevant here, the high court has stated that 'where the offense is not capital and the accused is not in custody, the prevailing rule has been, that if, after the trial has begun in his presence, he voluntarily absents himself, this does not nullify what has been done or prevent the completion of the trial, but, on the contrary, operates as a waiver of his right to be present and

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