When a defendant waives his right to be present at trial during the taking of evidence, can he show error of constitutional dimension?

Notwithstanding the statutory violation, defendant cannot show error of constitutional dimension. A defendant has the right, under the Sixth Amendment of the federal Constitution, to be present at trial during the taking of evidence. Nonetheless, as a matter of both federal and state constitutional law, a capital defendant may validly waive his presence at critical stages of the trial. [Citations.] Defendant's waiver was valid; accordingly, his constitutional rights were not violated. ( People v. Dickey (2005) 35 Cal.4th 884, 923, 28 Cal.Rptr.3d 647, 111 P.3d 921.) Defendant suggests in passing that his waiver of presence resulted from pique, frustration and anger at the jury's guilty verdict. The record belies this claim. The trial court questioned defendant at length regarding his decision. He had considered his decision for almost four years, long before the guilt phase and its

[172 Cal.Rptr.3d 605]