BARFIELD v. COM.

Record No. 2351-93-4.

457 S.E.2d 786 (1995)

20 Va. App. 447

Archie BARFIELD v. COMMONWEALTH Of Virginia.

Court of Appeals of Virginia, Alexandria.

June 6, 1995.


Attorney(s) appearing for the Case

Glenwood P. Roane, McLean (Thorsey & Roane, P.C., on briefs), for appellant.

Robert H. Anderson, III, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., FITZPATRICK, J., and DUFF, Senior Judge.


MOON, Chief Judge.

Archie Barfield appeals his bench trial convictions of rape and forcible sodomy. He argues that the trial judge erred by proceeding in his absence when, after the court had recessed at the end of the first day of trial, he failed to appear for the second and concluding day of trial. Because we find Barfield's absence from the second day of trial to be a knowing and voluntary waiver of his right to be present as guaranteed by the Sixth Amendment...

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