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STATE v. GARZA

No. 47653-0-I.

48 P.3d 385 (2002)

112 Wash.App. 312

STATE of Washington, Respondent, v. Benjamin Lee GARZA, Appellant.

Court of Appeals of Washington, Division 1.

June 24, 2002.

Attorney(s) appearing for the Case

Elaine L. Winters, Seattle, for Appellant.

Daniel Jason Clark, Deputy Pros. Atty., Seattle, for Respondent.

KENNEDY, J.

Benjamin Garza, while on his way to his trial which was underway in King County Superior Court, was arrested by a Lynnwood police officer on an outstanding warrant and incarcerated in Snohomish County. Unaware of Garza's whereabouts, the court made a preliminary finding of voluntary absence and proceeded with the trial. After the guilty verdict, Garza moved for a new trial, arguing that he had not voluntarily waived his right to be present at trial. The...

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