SISK v. COM.

Record No. 0906-85.

350 S.E.2d 676 (1986)

Arthur Nelson SISK v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

November 18, 1986.


Attorney(s) appearing for the Case

E. Eugene Gunter, Winchester, for appellant.

Lucy H. Allen, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BENTON, KEENAN and MOON, JJ.


MOON, Judge.

Arthur Nelson Sisk seeks reversal of his felony conviction of driving after having been declared an habitual offender. He contends that he was wrongfully tried in his absence after the trial judge ruled that he waived his right to be present at his felony trial by failing to appear. We agree that, under the circumstances of this case, Sisk should not have been deemed to have waived or forfeited his right to be present at trial.

Sisk was arrested...

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