Supreme Court of California

In the context of Penal Code section 1043(b)(2), which states that a noncapital felony trial may continue in a defendant's absence, if the defendant was present when trial began, then later voluntarily absents himself, the California Supreme Court rules that an escapee's voluntary absence includes the time reasonably required to return him to court after apprehension.

Appellate Information

• Decided 10/27/2008
• Published 10/27/2008

Judges

• CORRIGAN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Terrence Verson Scott, under appointment by the Supreme Court, Los Angeles, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, James D. Dutton, Steve Oetting and Alana Cohen Butler, Deputy Attorneys General, for Plaintiff and Respondent.