What is the test for a defendant to waive their right to be present at trial?
California, United States of America
The following excerpt is from People v. Lucero, E060275 (Cal. App. 2015):
"The right to be present may be waived, however. [Citations.] Waiver may be express or implied. [Citation.]" (People v. Concepcion (2008) 45 Cal.4th 77, 82.) "[A] defendant impliedly waives the right of presence by voluntarily absenting himself from trial . . . ." (Id. at pp. 82-83, fn. 7.)
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