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UNITED STATES v. GARCIA-TURINO

Nos. 71-2192, 71-2551.

458 F.2d 1345 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Armando GARCIA-TURINO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied May 24, 1972.

Attorney(s) appearing for the Case

J. David Franklin (argued), of Odorico, Franklin & Harris, San Diego, Cal., for defendant-appellant.

R. Michael Bruney, Asst. U. S. Atty. (argued), Stephen H. Nelson, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BARNES and MERRILL, Circuit Judges, and MURPHY, District Judge.

BARNES, Circuit Judge:

The first numbered of the above two appeals rest upon two alleged errors: first, the trial court erred in ruling that the defendant's absence from his trial was voluntary; and second, that defendant had ineffective assistance of counsel.

We find no merit in either contention. Rule 43 of the Federal Rules of Criminal Procedure provides that:

"The defendant shall be present at the arraignment, at every stage of the trial including...

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