California, United States of America
The following excerpt is from People v. Escarcega, B235280 (Cal. App. 2012):
defendant must show that any violation of this right resulted in prejudice or violated the defendant's right to a fair and impartial trial. [Citation.]" [Citations].' The same analysis applies under article I, section 15 of the California Constitution. [Citations.] 'The standard under sections 977 and 1043 is similar. "'[T]he accused is not entitled to be personally present during proceedings which bear no reasonable, substantial relation to his opportunity to defend the charges against him . . . . [Citation.]' [Citation.]" [Citations.]' [Citation.]" (People v. Virgil (2011) 51 Cal.4th 1210, 1234-1235.)
"'On appeal, we apply the independent or de novo standard of review to a trial court's exclusion of a criminal defendant from pretrial and trial proceedings, either in whole or in part, "insofar as the trial court's decision entails a measurement of the facts against the law." [Citation.]' [Citation.]." (People v. Virgil, supra, 51 Cal.4th at p. 1235.)
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