Under what circumstances will a defendant waive his right to be present at trial?
California, United States of America
The following excerpt is from The People v. Ruiz, 111 Cal.Rptr.2d 640, 92 Cal.App.4th 162 (Cal. App. 2001):
1. The current offenses were committed in 1999. Therefore, this case arises under the initiative version of the three strikes law (Pen. Code, 1170.12) rather than the original legislative version (Pen. Code, 667, subds. (b)-(i)). (People v. Hendrix (1997) 16 Cal.4th 508, 511, fn. 2.)
1. The current offenses were committed in 1999. Therefore, this case arises under the initiative version of the three strikes law (Pen. Code, 1170.12) rather than the original legislative version (Pen. Code, 667, subds. (b)-(i)). (People v. Hendrix (1997) 16 Cal.4th 508, 511, fn. 2.)
2. All statutory references are to the Penal Code unless otherwise indicated.
2. All statutory references are to the Penal Code unless otherwise indicated.
3. Under both federal and state constitutional law, a defendant may validly waive presence at critical stages of the trial. (See People v. Price (1991) 1 Cal.4th 324, 405.)
3. Under both federal and state constitutional law, a defendant may validly waive presence at critical stages of the trial. (See People v. Price (1991) 1 Cal.4th 324, 405.)
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