People v. Connolly

In People v. Connolly (1973) 36 Cal. App. 3d 379, the defendant, who was on bail, was present for the first day of trial and was ordered to return at 9:00 a.m. the following morning. He did not appear, and the trial was delayed until 1:30 p.m. The court held a hearing to determine whether the absence was voluntary and determined that it was. The court ordered trial to proceed pursuant to section 1043, subdivision (b)(2). The jury returned a verdict the same afternoon. (Connolly, at pp. 382-383.) The Connolly court stated that, under section 1043, the issue on appeal was whether, after reviewing the totality of the record, the defendant's absence was voluntary. (Connolly, at p. 385.) When Connolly returned to court, he testified that he was on his way to trial when the truck he was driving broke down. He walked to a pay telephone -- a 30 to 45 minute walk -- and tried to telephone a gas station and a neighbor without success. His change was returned to him. He decided to go back to the truck to protect his employer's equipment inside the truck. Connolly proceeded to repair the truck and finished by 3:00 or 3:45 p.m. He returned to his employer's business site and waited for his employer to arrive, which occurred at approximately 5:00 p.m. The two then had a discussion about a job, after which the employer drove Connolly to the courthouse. Connolly arrived shortly before 6:00 p.m. and was arrested as he was crossing the street toward the courthouse. (Connolly, supra, 36 Cal. App. 3d at p. 386.) The Connolly court upheld the judgment. (Connolly, supra, 36 Cal. App. 3d at p. 387.) It stated that the defendant had a reason for tardiness but not a blanket excuse for failing to appear. It pointed out defendant's duty to do all that was reasonably possible to get to court, and found that defendant had flagrantly disregarded this duty. Defendant did not telephone his attorney while at the public telephone, and he did not ask for help from any construction workers that were in the same location as defendant. Even when the truck was fixed, defendant waited for his employer and did not attempt to contact anyone. Then defendant held a discussion with his employer for nearly an hour, only then deciding to check if the court or the public defender's office was still open. The Connolly court stated that "it takes little ingenuity to think of reasonable steps he could have taken and he took none." (Ibid.)