People v. Concepcion (2008) , Cal.4th
[No. S146288.
Oct. 27, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. RYAN ESTEBAN CONCEPCION, Defendant and Appellant.
(Superior Court of Riverside County, No. SWF004991, Suzanne W. Knauf, Judge.)
(The Court of Appeal, Fourth Dist., Div. Two, No. E036353)
(Opinion by Corrigan, J., with George, C. J., Kennard, J., Baxter, J.,
Chin, J., and Moreno, J., concurring. Concurring opinion by Werdegar,
J.)
OPINION
CORRIGAN, J.-
Under Penal Code section 1043, subdivision (b)(2), a noncapital felony trial may continue in a defendant's absence, if the
defendant was present when trial began, then later voluntarily absents
himself.
Defendant's jury had been sworn, but on the morning of the first day
evidence was to be taken, he escaped before court convened. Several
hours later he was apprehended in a nearby community and the court was
informed he could be returned to court the following morning. That
afternoon the trial proceeded in his absence.
A divided Court of Appeal reversed, reasoning that "[defendant's] absence ceased to be voluntary once he was returned to custody." {Slip Opn. Page 2}
To the contrary, we hold that an escapee's voluntary absence includes
the time reasonably required to return him to court after apprehension.
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