66 So. 3d 198
Miss. Ct. App.2011Background
- Robinson was convicted in absentia of felony third-offense domestic violence in Washington County, receiving a ten-year MDOC sentence plus $925 in costs; conviction and sentence appealed.
- Indictment in Sept. 2009 followed two prior misdemeanor domestic assault convictions, making the charged offense a felony under Miss. Code Ann. § 97-3-7(3).
- Trial began Feb. 12, 2010 without Robinson; his counsel sought a continuance after a bench warrant had issued for him.
- Circuit court learned Robinson would not be present despite efforts to locate him; court found his absence was willful and deliberate.
- Jury returned a guilty verdict; sentencing occurred in absentia with aggravating weight given to absence; Robinson surrendered March 23, 2010 and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial in absentia violated rights and statute | Robinson argues absence violated Sixth Amendment and needed continuance. | § 99-17-9 permits trial in absentia when absence is willful; Blanchard supports. | Trial in absentia proper; no reversible error. |
| Whether sentencing in absentia complied with law | Right to be present at sentencing was violated. | Presence may be waived under § 99-17-9; absentia sentencing authorized. | Sentencing in absentia upheld. |
| Effect of counsel's continuance request absent agreement to trial | Continuance should have been granted due to non-appearance risks. | Procedural distinction without difference; absence baseline supports proceeding. | No error; proceeding in absentia affirmed. |
Key Cases Cited
- Blanchard v. State, 55 So.3d 1074 (Miss. 2011) (approves trial in absentia under § 99-17-9 when absence is voluntary)
- Sessom v. State, 942 So.2d 234 (Miss. Ct. App. 2006) (addresses in absentia trial framework post-2005 amendments)
- Sandoval v. State, 631 So.2d 159 (Miss. 1994) (earlier rule; later effectively overruled by § 99-17-9 amendments)
- Jay v. State, 25 So.3d 257 (Miss. 2010) (discusses defendant absence as waiver of presence)
- Williams v. State, 881 So.2d 963 (Miss. Ct. App. 2004) (standard of review for absentia trial issues)
- Jefferson v. State, 807 So.2d 1222 (Miss. 2002) (foundational Sixth Amendment and state constitutional guarantees)