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STATE v. ATHERTON

No. 45976-7-I.

24 P.3d 1123 (2001)

STATE of Washington, Respondent, v. Anthony Lloyd ATHERTON, Appellant.

Court of Appeals of Washington, Division 1.

June 18, 2001.

Attorney(s) appearing for the Case

Eric J. Nielsen, Nielsen, Broman & Associates PLLC, Seattle, for Appellant.

Daniel Jason Clark, King County Deputy Prosecuting Attorney, Seattle, for Respondent.

BAKER, J.

Anthony Atherton did not appear for the last day of his trial because he had been incarcerated on an unrelated charge. The trial court found that Atherton had voluntarily waived his right to be present at trial, and refused to grant a mistrial. Atherton was found guilty, and now appeals. Because the record does not establish voluntary waiver, we reverse.

I

Atherton was charged with delivery of cocaine with an enhancement for delivering...

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