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PEOPLE v. RYAN ESTEBAN CONCEPCION

No. S146288.

45 Cal.4th 77 (2008)

THE PEOPLE, Plaintiff and Respondent, v. RYAN ESTEBAN CONCEPCION, Defendant and Appellant.

Supreme Court of California.

October 27, 2008.

Attorney(s) appearing for the Case

Terrence Verson Scott, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, James D. Dutton, Steve Oetting and Alana Cohen Butler, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J.

Under Penal Code section 1043, subdivision (b)(2),1 a noncapital felony trial may continue in a defendant's absence, if the defendant was present when trial began, then later voluntarily absents himself.

Defendant's jury had been sworn, but on the morning of the first day evidence was to be taken, he escaped before court convened. Several hours later he was apprehended in a nearby community...

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