PEOPLE v. CAMPBELL

No. 87CA1955.

785 P.2d 153 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Earl William CAMPBELL, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

November 30, 1989.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and John Milton Hutchins, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Miller, Hale & Harrison, Daniel C. Hale, Boulder, for defendant-appellant.


Opinion by Judge PIERCE.

Defendant, Earl William Campbell, appeals a judgment of conviction entered on a jury verdict finding him guilty of aggravated robbery, felony theft, and being an habitual criminal. We reverse and remand for a new trial.

I.

Defendant contends that the trial court abused its discretion in finding that he waived his right to be present during trial and, therefore, in conducting the trial in absentia. We agree.

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