Summary
finding error and reversing when a trial court failed to make required findings that an appellant received notice of his right to be present at trial and a warning that he would be tried in his absence should he fail to attend
Summary of this case from State v. WrappOpinion
22706
Submitted December 17, 1986.
Decided April 13, 1987.
Asst. Appellate Defender Tara D. Shurling, of S.C. Office of Appellate Defense, Columbia, for appellant. Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. Holman C. Gossett, Spartanburg, for respondent.
Submitted Dec. 17, 1986.
Decided April 13, 1987.
Appellant contends that the trial judge erred in proceeding with his trial in absentia. We agree.
The trial judge failed to find that appellant had received notice of his right to be present at trial and a warning that he would be tried in his absence should he fail to attend, as required by Criminal Practice Rule 3. This was an error. State v. Jackson, 288 S.C. 94, 341 S.E.2d 375 (1986); State v. Fleming, 287 S.C. 268, 335 S.E.2d 814 (Ct.App. 1985). Accordingly, we reverse and remand for a new trial.
Reversed and remanded.
CHANDLER, J., not participating.