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PEOPLE v. CONCEPCION

No. E036353.

46 Cal.Rptr.3d 457 (2006)

The PEOPLE, Plaintiff and Respondent, v. Ryan Esteban CONCEPCION, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division Two.

July 26, 2006.

Attorney(s) appearing for the Case

Terrence Verson Scott, under appointment by the Court of Appeal, and Andrew E. Rubin, Los Angeles, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster and James D. Dutton, Supervising Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HOLLENHORST, J.

I. INTRODUCTION

In this case, we hold that the defendant's involuntary absence from the court-room during the prosecution's presentation of all the evidence offered to support certain criminal charges was structural error, and the defendant's convictions must therefore be reversed.

II. STATEMENT OF FACTS AND PROCEDURAL BACKGROUND

Defendant Ryan Esteban Concepcion was charged with five offenses and related...

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