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PEOPLE v. GUTIERREZ

No. S102162.

130 Cal.Rptr.2d 917 (2003)

29 Cal.4th 1196

63 P.3d 1000

The PEOPLE, Plaintiff and Respondent, v. Raul Gomez GUTIERREZ, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied May 14, 2003.

Certiorari Denied October 14, 2003.

Attorney(s) appearing for the Case

Tracy J. Dressner, La Crescenta, under appointment by the Supreme Court, and Maureen J. Shanahan, Malibu, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Marc E. Turchin, Acting Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Robert F. Katz, Karla Cottis and David C. Cook, Deputy Attorneys General, for Plaintiff and Respondent.

Certiorari Denied October 14, 2003. See 124 S.Ct. 406.

CHIN, J.

In a noncapital felony case, Penal Code1 section 1043, subdivision (b)(2), permits a trial court to continue with trial in a defendant's absence, after the trial has commenced in the defendant's presence, if the defendant is "voluntarily absent." We must decide here whether a defendant in custody who refuses to leave...

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