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Bottom v. State

Court of Appeals of Texas, Fort Worth
Aug 25, 1993
860 S.W.2d 266 (Tex. App. 1993)
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Summary

holding that defendant who was in a hospital because he had attempted suicide during trial was voluntarily absent

Summary of this case from Moon v. State
See 4 Summaries

Opinion

No. 2-92-239-CR.

August 25, 1993.

Appeal from the Criminal District Court, Tarrant County, Lee Ann Dauphinot, J.

Ward Casey, Robert Ford, Forth Worth, for appellant.

Tim Curry, Dist. Atty., Betty Marshall and Charles M. Mallin, Assts., Francine Y. Lyles, David Escobar, Bobbie Yowell, Assts., for appellee.

Before HILL, C.J., and FARRIS and LATTIMORE, JJ.

OPINION

FARRIS, Justice.

A jury convicted Blane Adair Bottom of aggravated sexual assault of a child younger than fourteen years of age, see TEX.PENAL CODE ANN. Sec. 22.021 (Vernon 1989), and sentenced

him to fifty-years imprisonment. Bottom appeals, claiming the court abused its discretion in continuing the trial in his absence. Because Bottom was present when the jury was selected and his absence from the courtroom was voluntary, we overrule his point of error and affirm the judgment.

At this trial, Bottom was present during voir dire, seating and swearing of the jury, presentation of the State's case in chief, and sentencing. After the State rested, defense counsel informed the court Bottom was not in the courtroom, but in the hospital, because he had attempted suicide, or some harm to himself. Defense counsel requested, and the court denied, a continuance. The court did, however, order a competency hearing from which Bottom was found competent to stand trial.

When a defendant voluntarily absents himself after pleading to the indictment, or after the jury has been selected, the trial may proceed to its conclusion. TEX. CODE CRIM.PROC.ANN. art. 33.03 (Vernon 1989); Gonzales v. State, 515 S.W.2d 920 (Tex.Crim.App. 1974).

The competent evidence shows Bottom was not absent because of some sudden unexpected medical emergency, but because he chose to ingest large quantities of aspirin and arthritis medication. Because Bottom chose to act in this way, his absence was voluntary. Because Bottom acted voluntarily and because he cannot avoid trial by intentionally disabling himself, we overrule his point of error.

Judgment affirmed.

Summaries of

Bottom v. State

Court of Appeals of Texas, Fort Worth
Aug 25, 1993
860 S.W.2d 266 (Tex. App. 1993)

holding that defendant who was in a hospital because he had attempted suicide during trial was voluntarily absent

Summary of this case from Moon v. State

continuing trial in absence of defendant, who was hospitalized due to suicide attempt, was not abuse of discretion; defendant was present when jury was selected

Summary of this case from Downes v. State

continuing trial in the absence of defendant, who was in the hospital because he had attempted suicide or some harm to himself, was not an abuse of discretion; defendant was present when jury was selected and his absence was voluntary to the extent that he chose to ingest large quantities of aspirin and arthritis medication

Summary of this case from Hodges v. State

In Bottom, the defendant was present for jury selection, but later attempted suicide by drug overdose and missed part of his trial. 860 S.W.2d at 267.

Summary of this case from Hill v. State
Case details for

Bottom v. State

Case Details

Full title:Blane Adair BOTTOM, Appellant, v. The STATE of Texas, State

Court:Court of Appeals of Texas, Fort Worth

Date published: Aug 25, 1993

Citations

860 S.W.2d 266 (Tex. App. 1993)

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