- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 06-18-2014
- Case #: A149773
- Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J.; & Hadlock, J.
- Full Text Opinion
Defendant was convicted of interfering with a peace officer, a misdemeanor, after a bench trial was held without defendant present. Defendant had waived his right to a jury trial, but not necessarily his right to be present at his bench trial. Defendant’s counsel objected to the court proceeding without defendant, but the trial court ruled a defendant’s presence is not required for a misdemeanor trial. Defendant raised this same objection on appeal. The Court held there was no additional information that supported the conclusion that defendant’s absence was voluntary; evidence that defendant was told of the trial is not sufficient alone to support the conclusion that defendant was voluntarily absent from his criminal trial. Reversed and remanded.