Is there a violation of a defendant's right to be present at trial on prior convictions?

California, United States of America


The following excerpt is from The People v. Wasdon, B218842, BA286996, No. BA326282 (Cal. App. 2010):

As the above-quoted exchange shows, defendant orally and unequivocally waived his right to be present at the trial on the prior convictions allegations. There was no violation of his federal or state constitutional rights to be present at trial. (People v. Rundle, supra, 43 Cal.4th at pp. 134-135.)8

Other Questions


Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
If defendant has no right to present the evidence at trial, has he not established a violation of his right to a fair trial? (California, United States of America)
Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
What is the test for a defendant's claim that the exclusion of evidence in the trial of a defendant in a sexual assault case violated his federal constitutional right to present a defense? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
Does a defendant have a right to a jury trial if he fails to object to the discharge of his prior convictions? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.