State v. Hons. brearcliffe/vasquez

Summary

The court held that a defendant may lose the statutory right to appeal based on an absence that delays sentencing only after receiving notice of that consequence, knowingly, intelligently, and voluntarily waiving the right, and receiving an opportunity at sentencing to prove by clear and convincing evidence that the absence was involuntary. Because Johnson received advance notice but was not given the required opportunity at sentencing, the court vacated the court of appeals' order and remanded for a hearing. The court also held that the statute does not conflict with the applicable criminal rules and disavowed contrary authority to the extent it requires an express waiver finding. No separate opinions were filed.