State v. Stockton

In State v. Stockton, 13 N.C. App. 287, 185 S.E.2d 459 (1971), the defendant was present on the first day of his trial, but failed to appear when his trial resumed the following day. The defendant's attorney could offer no explanation for the defendant's absence, and the trial court resumed the trial over the objection of the defendant's attorney. Id. at 290-91, 185 S.E.2d at 462. On appeal, our Court noted that in noncapital cases, a defendant may waive his right to be present, and a defendant's "voluntary and unexplained absence from court after his trial begins constitutes a waiver of his right to be present." Id. at 291, 185 S.E.2d at 462-63. The Court then held that because the defendant voluntarily failed to appear after the commencement of his trial, and he did not explain his absence, the defendant had waived his right to be present. Id. at 291-92, 185 S.E.2d at 462-63. The Supreme Court of North Carolina cited Stockton approvingly in State v. Richardson, 330 N.C. 174, 410 S.E.2d 61 (1991) (finding no constitutional error and affirming the trial court's denial of a continuance where the defendant failed to appear at trial and did not meet his burden of adequately explaining his absence).