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Name: People v. Gutierrez
Case #: S102162
Court: CA Supreme Court
District CalSup
Opinion Date: 03/06/2003
Subsequent History: Rehrg. den. 5/14/03

In a noncapital case, a defendant who refused to leave a court-lockup facility to attend his trial is “voluntarily absent” as defined by Penal Code section 1043, subdivision (b)(2), so that an express waiver from the defendant is not necessary.