California, United States of America
The following excerpt is from People v. Silva, C066973 (Cal. App. 2013):
A criminal defendant has a federal and state constitutional right to be present at trial. (People v. Hines (1997) 15 Cal.4th 997, 1038-1039.) In addition, a defendant has a statutory right to be present at trial. ( 977, 1043.)
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Section 1043, subdivision (b)(2) permits a court, in a noncapital felony case, to proceed with trial in the defendant's absence provided the absence is voluntary. In addition, a defendant can waive personal appearance at trial and allow the trial to proceed in his absence. (People v. Edwards (1991) 54 Cal.3d 787, 809.)
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