California, United States of America
The following excerpt is from People v. Gutierrez, 130 Cal.Rptr.2d 917, 29 Cal.4th 1196, 63 P.3d 1000 (Cal. 2003):
Returning to the courtroom without defendant, defense counsel recounted his conversation to the trial judge outside the presence of the jury. The bailiff confirmed that defense counsel's summary was "exactly the way I saw it and heard it as well." The judge asked the bailiff if he was "satisfied also that [defendant] is freely and voluntarily and of his own will refusing to make an appearance in the courtroom." The bailiff responded "yes." Relying on the authority of People v. Parento (1991) 235 Cal.App.3d 1378, 1 Cal. Rptr.2d 444, the trial judge ruled that the trial would proceed in defendant's absence. Defense counsel objected that "despite it being my client's wishes, I believe it will have a severe, adversevery severe, adverse impact on the jury"; counsel also lodged a continuing objection. Defense counsel did not waive defendant's right to presence.
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