On Monday, the California Supreme Court will announce its decision in the case of People v. Concepcion, S146288:

This case presents the following issues: (1) Is a defendant who escapes from custody after trial commences voluntarily absent from trial, permitting trial to continue in his absence once he is rearrested and held in custody? (2) If such flight and rearrest does not constitute voluntary absence, is proceeding with trial in such circumstances subject to harmless error analysis, or is it a structural error requiring reversal?

The Court of Appeal opinion is here. The defendant had fled far enough before he was recaptured that he could not be brought back to attend without delaying the trial.

Update 10/27. The Cal. Supreme opinion (6-1-0) is here.

A divided Court of Appeal reversed, reasoning that “[defendant’s] absence ceased to be voluntary once he was returned to custody.”

To the contrary, we hold that an escapee’s voluntary absence includes the time reasonably required to return him to court after apprehension.