California, United States of America
The following excerpt is from People v. Zimmerman, A152492 (Cal. App. 2018):
are underway, confronts the judge and voluntarily says he does not desire to participate any further in those proceedings.' " (People v. Ruiz (2001) 92 Cal.App.4th 162, 167; see also People v. Molina (1976) 55 Cal.App.3d 173, 177 [Trial "commences" for purposes of section 1043 when either (1) the jury is impaneled and sworn or (2) the first witness is sworn or the first exhibit is admitted into evidence.].) Even if his trial had not commenced when he first asked to leave the courtroom during jury selection, it certainly had commenced after the jury was sworn but before any evidence was presented, when the court brought defendant back to the courtroom to confirm his voluntary absence.
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